A Kazakhstani who was allegedly defrauded Sh150 million by two Kenyans now wants the court to release his travel and identification documents.
Ryskulov Damir told the court that the suspects pretended that they could sell him coffee and artefacts and ended up defrauding him.
In an affidavit filed at the Chief Magistrates Court today, Ryskulov Damir said that he was willing to abide by any conditions the court would impose for the release of his documents.
“It is in the interest of justice for this court to release my passport,” said Ryskulov.
He said that he had nothing against businessman Joseph Waswa because he was just selling him a house.
The man said that as a complainant in the case, the confiscation of his passport without a court order or any explanation was unlawful, inhuman and degrading treatment.
The man who holds a Kazhakstan passport said that his travel documents had been confiscated by DCI headquarters office while investigating into his complaint and it had not been returned to him and that he did not have a copy of the same.
“Together with my brother Yerlan Baimoldin also a businessman we entered into a business agreement with some Kenyans who said they would export to us Kenyan Tea, coffee and artefacts for which they informed us that they are licensed to deal in such export business,” said Damir in his application.
The businessman said that they trusted and banked monies into their accounts which they had given them through electronic money transfer amounting to Sh150 million.
He said the money was banked through his brother Yerlan’s account to the suspects’ various accounts which are still under investigations by the police.
The application was heard by Magistrate Kenneth Cheruiyot of Milimani Law Courts.
“Having the intention of doing business in Kenya we knew that we will be travelling to this country and we decided that we should buy a house so that we can continue with the business of importing coffee, tea and artefacts to our country,” said Damir.
Damir said that they deposited USD 150,000 to Ma Pavel &Talia Andrew Fuel Building and Construction Company under the instructions of Joseph Waswa who said that he is the director.
He said that Waswa had told them that it was okay to deposit the money for the purchase of the house in that account.
The man said that because he did not know Nairobi well, he asked Waswa to connect him with someone who can show him around and Berlin Owino Jack was introduced to him.
He said that he reported the matter to the police and some culprits were arrested.
Stephen Roberts and Evelyn Adhiambo were arraigned and the police were allowed to detain them for seven days.
Another suspect, Begi Gisicho is still at large and the police are looking for him.
“Unfortunately the police also arrested security guard Berlin Owino who was arraigned alongside Roberts and Adhiambo,” he said.
In his application, Damir said that Owino is not part of those who stole from him. The suspects will be arraigned in court for further directions.
He said that because the police have refused to release his passport and identification documents he had been forced to stay in the same Hotel.
He lamented that he could communicate with his family or make any financial transactions.
Being a complainant in the case, Damir said that he was not a flight risk.
Damir disclosed that he is planning to travel back to his country and will come to testify if needed.
Meanwhile, Adhiambo, Roberts and Owino were on Monday charged with obtaining money by false pretence.
They appeared before Cheruiyot and denied seven counts involving Sh150 million fraud on various dates between January 22, 2019, and May 28, 2019, where they are said to have conspired to defraud Damir.
The prosecution said Damir should testify in court before the court release those documents because he may fail to appear in court.
Ruling on release on bail will be and whether his documents will be released will be delivered on Wednesday this week.
They will remain in custody till Wednesday when the matter will be mentioned.
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