Prominent businessman Jared Otieno denied before court that he is part of the 15 suspectsdetained in connection with Sh 400 million gold scam from royal family in Dubai.
Appearing before Milimani Law Courts Magistrate Paul Mayovo, Otieno through lawyers John Ayuo and Stanly Kangai objected to an application by prosecution to detain him for 14 days saying that the alleged obtaining claims emanates from a loan transaction.
Jared said that the application by the investigators is unconstitutional since there is no holding charges has been placed against him.
Ayuo informed the court that there is no link between Jared and 15 suspects detained in connection with Sh 400 million gold scam.
“We urge the court to admit the suspect on bail because he is ready to abide with all conditions that will be set by the court and co-operate with investigators,” said lawyer Kangai
Jared said his place of abode is known to the officers and so he is not a flight risk and is willing to shed light on the subject of ongoing investigations.
The businessman said that he was never arrested and that he presented himself to DCI headquarters at 5.30 am after receiving rumors that he is being sought by police.
“I will not interfere with investigations lead by DCI boss George Kinoti as I am an ordinary citizen and I have no state machinery to interfere with such kind of probe,” said Jared.
“For the police to seek detention of 14 days is a pure malice and the application to detain Jared is a limitation to the fundamental rights to the suspect,” said Ayuo.
Prosecution said that holding charge cannot be brought if the investigation officer and prosecution is not clear on the charge to frame against the suspect and they need to be clear on what charges to charge the suspect before charges are preferred.
In affidavit to detain Jared, the investigation officers wanted to detain Jared for 21 days saying that he is a person of interest into a case of obtaining money by false pretenses contrary to section 315 of the penal code.
Investigation Officer, Felix Karisa said that on May 8, 2019 and February 25, 2019 a foreigner Southern Chanthavong from Lao who deal in buying and selling of gold is alleged to have been lured to a house situated along Kaptei road, Kaptei Gardens House number 12.
“During the transaction the said complainant lost USD 3,000,000 equivalent to Sh 300m after he was dubbed that the items he bought were genuine Gold,” said Karisa.
The court was informed that Jared is linked to many more fraudulent activities relating to fake GOLD, there are many more complainants who have come up with several allegations as victims of the scam from foreign countries.
He added that since Jared could not be charged immediately as investigation is still ongoing, the continued stay in police cells without an order of the court will contravene his constitutional rights and releasing him will jeopardize investigation owing to the seriousness of the case.
The IO said that the investigation is complex, diverse and they are looking at Transnational Organized crime where some of his accomplices could be in the neighboring countries and the offences committed cuts across International Borders.
The officers therefore requested for 14 days.
Jared was detained for 7 days at Kileleshwa police station pending the completion of the investigations.