A Nairobi court has dismissed an application by the prosecution seeking to detain two suspects for 10 days pending investigations into an alleged international gold scam involving approximately Ksh57.7 million.
The suspects, represented by advocates Danstan Omari, Lisa Wanjohi, Mohamed Duwane and Mohamed Nur, had been brought before court over allegations linked to a fake gold export deal said to have targeted a foreign investor.
Investigators alleged that the suspects were connected to a fraudulent gold transaction involving more than USD447,000 and claimed that part of the proceeds had allegedly been moved through cryptocurrency wallets.
The prosecution argued that the suspects needed to remain in custody for 10 days to allow investigators to complete inquiries, claiming they were potential flight risks and could interfere with investigations if released.
However, the defence strongly opposed the application, arguing that the prosecution had failed to provide compelling reasons to justify continued detention.
While making submissions before the court, Omari also lightened the tense proceedings with humorous remarks as he urged the court to consider granting favorable bond terms to one of the accused, a young Somali woman.
In its ruling, the court cited Article 49 of the Constitution on the rights of arrested persons and found that the prosecution had not sufficiently demonstrated why the respondents should remain in custody for the requested period.
The magistrate observed that investigations could continue even while the suspects remained out on bond and further noted that one of the respondents had been arrested from a known residence, weakening claims that she was likely to abscond.
The court consequently dismissed the detention application and ordered the release of the respondents on a bond of Ksh2 million each with one surety of a similar amount.
In the alternative, the court granted a cash bail of Ksh200,000 with two contact persons.
The magistrate also directed the respondents to deposit their passports in court and report to the Investigating Officer once every week until investigations are completed.
The matter is scheduled for mention on June 18, 2026.
