Joseph Lendrix Waswa, DCI officer Festo Akula Wamwayi, and six others are linked to a USD 400,000 fake gold scam, with the case now adjourned as investigations into the high-profile fraud continue.
The court has postponed a gold fraud case against Joseph Lendrix Waswa, DCI officer Festo Akula Wamwayi, and others to allow them to review the key witness documents following their request to the court through their advocate, called June Ashioya.
For instance, Ashioya requested additional time to look into 500 photographs provided by the prosecution, which are critical for preparing the defence, and the photos directly link the accused persons to the fraud.
“I want to tell this court that we are not ready to proceed today. We are kindly requesting more time to peruse the 500 photos and other evidential materials supplied to us by the prosecution. These materials are vital for us to prepare a proper defence,” Ashioya told the court.
Ashioya was making the submissions before Milimani Senior Principal Magistrate Geoffrey Onsarigo.
The defence argued that although an order had been issued two months ago by the then-trial magistrate, Esther Kimilu, to supply the exhibits, the investigating officer had only recently complied.
To side with him, the prosecution did not object to the adjournment request, recognising the need for the accused to familiarise themselves with the evidence before the trial continues, as it was the only way to avoid a blame game when they get convicted.
The magistrate on duty, Onsarigo, adjourned the case to December 2, 2024, to allow the defence sufficient time to review the materials.
According to the court papers, Waswa, Akula, and the other accused persons, like Nelson Eru, Roland Johnson, Joseph Gikonyo, Alice Kavata, Ian Wekesa, and Duncan Muchai, are charged with conspiring to defraud a Tunisian businessman, Bilel Arfaoul, of USD 400,000 in a fake gold scam.
The charge sheet, Waswa presented before the court, says that they were found possessing 634,178 forged US dollar notes, in denominations of one hundred dollars each, knowing them to be counterfeit.
They are said to have committed the offence on September 7, 2023, at Villa Mawe in Nairobi’s Garden Estate, where Waswa and his co-accused are said to have been involved in a fraudulent gold deal with Arfaoul.
In a separate charge, Officer Akula is accused of possessing a firearm without a valid license from the Firearm Licensing Board. He is also facing charges of being found in possession of sixteen rounds of ammunition without the proper authorization.
Waswa allegedly contacted Arfaoul, informing him that he had a consignment of gold valued at one billion shillings that he wanted to sell.
According to the investigating officer, Nicholas Njoroge, Waswa and his accomplices told the foreigner that the gold consignment was being held in a warehouse at Jomo Kenyatta International Airport (JKIA) in Nairobi.
The complainant then travelled from Tunisia and arrived at JKIA on September 1, 2023, where he was received by Waswa and his group. The Tunisian businessman was then hosted in Nairobi’s Ngara area, waiting to be shown the gold consignment.
However, when Waswa insisted that payment be made for the gold consignment before showing it, Arfaoul remained cautious, requesting to see the consignment first. On September 7, 2023, the suspects met with the complainant in Ngara and took him to a residential property (LR No. 4894/152) in Garden Estate, allegedly belonging to Waswa.
The police, who had been trailing the suspects, arrested them at the house, though some accomplices managed to escape by scaling the perimeter wall.
“Upon searching for the house, USD 4.68 million was found inside metal boxes, which the complainant had been told contained the gold consignment,” Njoroge stated in an affidavit filed in court. “However, most of the boxes contained sand and pieces of stone, not gold.”
The police also recovered several mobile phones used by the suspects to defraud victims, which were seized at the house.
Constable Festo Akula Wamwayi, stationed in Kisasi, Kitui County, was arrested at the scene after reportedly trying to assist the suspects following their initial arrest.
Waswa has previously made headlines for various criminal activities. In 2014, he was arrested and charged with the alleged murder of Mitch Kibiti, the son of Bungoma County’s former Education Chief Officer, David Kibiti, following a dispute at his Etonia Club in Kimilili.
In 2015, Joseph Lendrix Waswa caused a stir at Bungoma Law Courts when he appeared with 10 “bodyguards”, prompting a Flying Squad operation that led to the arrest of the guards, though they were later released.
In February 2019, Waswa and six others were arrested for impersonating President Uhuru Kenyatta’s voice to con Sameer Africa chairman Naushad Merali out of Sh10 million.
Ironically, when they appeared before the courts, all the accused persons denied the charges and were released on Sh250,000 with the surety of the same amount.
The court has directed the matter to appear before it for further directions in a week
