BY SAM ALFAN.
A Nairobi Court has acquitted politician Seth Steve Okute and businessman Bruno Otieno Orienda over accusations of being involved in aSh12.7 million gold scam.
Milimani Chief Magistrate Susan Shitubi discharged the two under section 89(a) of the criminal procedure code, following an application by the Director of Public Prosecution.
The DPP made the decision to discharge the duo after the complainant- Marjorie Grant from USA was unavailable to testify.
Grant was set to appear and testify as the first state witness in the case as required by law.
The prosecution submitted that the failure of the complainant to testify was hindering the case from proceeding..
Ukute through his lawyer Wandugi Kiraithe had opposed the application by the state to withdraw the matter under section 87(a) adding it was prejudicial to him.
He pleaded with the court to acquit Okute under section 210 of CPC adding that he has lost since he was arrested and arraigned.
The duo had been accused of obtaining USD100,000, which is equivalent to Sh12.7 million from Grant, a US citizen.
The court heard that they committed the offence on November 9, 2022 at I&M Bank within Nairobi County, with intent to defraud.
They allegedly obtained the millions by falsely pretending that Newsky’s Global Cargo Movers International ltd were in a position to pay custom duties for 33 kilograms of gold shipped from Burkina Faso, a fact they knew to be false.
Okute and Orienda are also charged with conspiracy to obtain Sh12,7 million from Marjorie by falsely pretending they were in position to pay custom duties for 33 kilograms of gold shipped from Burkina Faso to Zurich a fact they knew was false.
They were out on a bond of Sh2million or alternative cash bail of Sh600,000 each and two contact person.
