A prominent Nairobi lawyer is expected to testify in a case where where a businessman is charged with obtaining Sh 27 million for fake gold from a German after he failed to appear in court .
The prosecution told magistrate Kenneth Cheruiyot that lawyer Thomas Otieno had traveled to Kisumu and he could not make it to court
They sought the matter to be adjourned until the witness avails himself before the court during the next hearing.
lawyer Otieno is at the center of the matter because he has been mentioned by the witnesses who have already testified in the case.
The witnesses told the court that Otieno is the one who received the money on behalf of the accused.
The lawyer is said to be running unregistered law firm thus the authenticity of his law firm is questionable.
Business man Samir Munyinyi is charged with obtaining money by false pretenses contrary to section 313 of the penal code.
Munyinyi is accused that on diverse dated between March 28,2018 and April 12,2018 at Wu yi plaza along Galana road in kilimani within Nairobi county,jointly with others not before the court with intent to defraud obtained 257,000 USD from Mertroglu Muhammet by pretending to be able to sell him 360 kilograms of gold.
He is also jointly facing another charge with Congolese businessman Eric Amisi Bin Ramazani accused of obtaining from Vladimir Borisenko Sh 21,788,360 (US Dollars 202,404)by pretending they were in position to supply him with 100 kilograms of gold.
The prosecution has not opposed bond against Munyinyi and has equally been directed to make available all documents to be used during the hearing.
The magistrate released the suspect on a bond of Sh 2 million or a cash bail of Sh 500,000 after denying the charges.