ONE YEAR IN JAIL FOR FAKE GOLD SUSPECT, COURT QUESTION’S WHT 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.

The magistrate questioned why the key suspects identified as Smith MacKenzie or Jared Otieno were not arrested despite being identified by the complainant Gullati.

He noted that Jared, whom he referred to as ‘smart’ , managed to escape when Obia was arrested. The court noted that Jared is at large.

The court also questioned why the complainant who was operating without a license was not arrested and charged, adding that such anomalies lead to an increase in gold fraud cases.

In hhis decision, the Magistrate emphasized why Jared Otieno and the complainant Christian Gallati were not arrested.