A Congolese national accused of defrauding an industrialist of Sh 156 million claiming he would supply him with precious minerals will remain in prison custody until Thursday pending bail determination.
On differing the ruling which was to be delivered yesterday on whether to release him on bond, the Milimani chief magistrate Bernard Ochoi said he needed background information of the accused,
“The ruling is not ready because I need the background information of the accused person before directing on the way forward,” said the magistrate.
He called on the probation officer to avail the pre-bail report before delivering the ruling on Thursday, this week.
Lumumba Ulundu Patrick alias Gabriel Kulonda Ulungu alias Lumumba Patrick Byarufu was detained on Friday after the DPP through prosecutor James Gachoka opposed his release on bond saying he is a flight risk.
Lumumba allegedly pretended he would supply 84 metric tons of Tantalum Niobium to an international investor, a fact the court was told was false.
Opposing his bond, Gachoka said Lumumba has no fixed abode in Kenya, a holder of two travel documents and identification cards.
He said when the accused entered Kenya, he did not use either of his two passports but instead used an inter-state travel document,
“I urge this court to deny the accused bond since he is a flight risk and has no known fixed abode.
He uses several travel documents to enter and exit the country. Once he is out there he will disappear without trace,” Gachoka told Ochoi.
The prosecutor further disclosed to the court that the accused herein has not displayed any honesty at all,
“My position is buttressed by the fact that the accused is a holder of more than one travel documents,” Gachoka stated.
The defence lawyer opposed the DPP’s application for bail denial saying it is a constitutional right for any suspect arraigned in court.
The magistrate heard Lumumba has been living in Kenya for the past two years and is a resident of Mombasa.
He said the police know the apartment where he resides.
Lumumba has denied two counts of conspiracy to defraud and obtaining money through pretences.
He is charged that on December 26 2023 within the Republic of Kenya jointly with others not before the court with intent to defraud obtained USD 1 million equivalent to Sh 156 million from Yingchen (Shenzenhen International Trade Company Limited) by falsely pretending he was in a position to sell to the company 84 metric tons of Tantalum Niobium ore (Tantalite) a fact he knew be false.