ONE YEAR IN JAIL FOR FAKE GOLD SUSPECT, COURT QUESTION’S WHY KEY SUSPECT WAS NOT CHARGED.

BY SAM ALFAN.

Businessman Kelvin Obia alias Kelvin Kleigh has been sentenced for one year in jail for attempting to obtain Sh54.1 million from a trader in pretense that he would sell him gold.

Milimani Chief Magistrate Francis Andayi found Obia directed Obia to pay a fine of Sh300,000 after he found him guilty of the fraud charges.

While passing the sentence, Magistrate Andayi noted that Obia was not remorseful after insisting he was innocent despite being found guilty.

Obia was acquitted of the charge of obtaining Sh13.1 million from Christian Gullati on the pretense that he was in position to sell him 7 kgs of gold.

He was accused that on May 18, 2015 at Hilton Hotel on City Hall way in Nairobi, jointly with others not before court and with intent to defraud, they attempted to obtain US dollars 570,000 equivalent to Sh54.1 million from Gallati.

The court heard that they were falsely pretending he was in position to sell him 13kgs of gold, a fact he knew was false.

In his judgment, Andayi also accused police of failing to arrest the prime suspect in the case who he said he was at the centre of the whole transaction.

 He pointed out that the complainant had positively identified to the police the suspect as the main guy but upto date he has not been arrested and charged with the same offence.

“I wonder why police have not arrested prime suspect who participated in the transaction and signed documents in respect to the sale of the gold,” said the magistrate.

He also said that police failed to charge the complainant with an offence of engaging in gold business without licence. Andayi also blamed police for failing to charge Obia with an offence of operating a business of gold without a licence.

While passing sentence, the magistrate dismissed Obia’s request to be put on non-custodial sentence, saying that Obia has shown he is not remorseful despite a probation report favouring him. 

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