Investigations were commenced, leading to the arrest and prosecution of the three suspects on May 11, 2011 and were charged with conspiracy to defraud and obtaining money by false pretence.
The three were later released on a cash bail of Sh2 million with a Kenyan surety and their passports confiscated.
A duplicate file was sent to the office of the Director of Public Prosecutions which sought for the mutual legal assistance from Dubai authorities to enable the investigating team visit Dubai and verify the four boxes of their contents.
Authorities in the UAE are yet to respond.
The documents given to Ngonyi to ‘enable the movement of the gold’ were verified at the DRC Embassy in Nairobi and their contents were reported to be forgeries.
Further investigations made at the registrar of companies revealed that the companies, which were alleged to have consigned the goods from Kenya were registered in the names of Mundeke.
Investigators who handled the matter told Capital FM News that they are certain they will achieve a conviction of the three and that all they are waiting for is the recovery of the four boxes, which contained the nails.
“The file has not been closed, an investigation is still going on and as soon as all the evidence that is crucial is obtained, the case will move to court,” another investigator said.
It has since emerged that the suspects packaged the nails in a house on State House Road in Nairobi and shipped them to Dubai hood-winking Ngonyi that they contained gold.
Police later raided the house and seized some of the materials that were used in assembling the boxes and nails.
Kenyan investigators also concluded that that the alleged 2.4 tonnes of gold valued at Sh8 billion that is said to have been stolen from DRC Congo and passed through Nairobi was not genuine.
“There was no gold, there was nothing of that sort, this is an international con game,” the police officer said. “It is an international racket.”
Documents in our possession show the claim was first lodged in Nairobi in February 2011 by a team of ministers who were sent into the country by DRC President Joseph Kabila.
The team gave President Mwai Kibaki a document that contained forged evaluation and export certificates pertaining to the 2.4 tonnes of gold valued at Sh8 billion destined for Dubai from Kivu mining through Kenya.
President Kabila later arrived in the country with a list of 15 suspects that were said to be behind the alleged stealing of the precious minerals from his country.
A joint investigative team comprising of CID officers, Kenya Revenue Authority and those from DRC was formed and visited Jomo Kenyatta International Airport customs offices among other key areas for the investigation.
“From KRA records covering the period January 2010 and January 2011 indicated that about 2.4 tonnes of gold was processed for various destinations,” says part of an official report on the investigations.
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