Businessman seeks court's protection in Sh 18 million gold scam saga
Crime and Justice
By
Kamau Muthoni
| May 05, 2026
A businessman has moved to court, seeking to block any arrest over the Sh 18 million gold scam saga involving Swiss national Stephane Pierre Harder.
Kelvin Otieno Onyango, in his case, filed against the Director of Criminal Investigations, the Inspector General of Police, and the Director of Public Prosecution (DPP), claims that he was paraded to the public as a criminal on social media despite not being linked to the crime.
“It is trite law that it is unconstitutional, unlawful and abuse of power for the first and second respondents to arrest persons, and during the time of processing them, take their photographs not only to use them of their own in-house data as required by law, but also to publish them as criminals in the first respondent’s website even before they conclude their investigations, prefer charges or before the case is heard and determined in a court of competent jurisdiction,” court papers filed by his lawyers, Ashioya and Company Advocates read in part.
Otieno told the court that he was arrested on August 7, 2025, and detained at the Capitol Hill Police Station. He was then released on a Sh 100,000 police bond.
He stated that 11 days later, police officer Samuel Itegi allegedly sent him a text message requiring him to go to the Ministry of Mining to test an alleged consignment that had been deposited with the Monetary Security Services Limited. This, he said, was out of a court order issued on September 19, 2025.
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According to him, the consignment at the heart of the saga had no links or relationship to him.
He stated that despite there being allegedly no nexus between the items that the officer wanted to be tested and him, Itegi allegedly refused to return his mobile phone.
He claimed that the officer then allegedly forced him to give the password for data collection.
Otieno said that this prompted him to move to the magistrate’s court, where the officer was allegedly ordered to return the phone and the cash bail.
He claimed that the officer was allegedly forced to return the phone in person after he filed a contempt application.
“Despite the apparent lack of evidence against the petitioner in this matter, the officers of the first respondent continue to threaten the petitioner that they will arrest and seize all his electronic devices in his office and at home include all his computers, mobile phones and any documents they find and they conduct thorough search in his properties until they find evidence to implicate him in the matter and charge him,” the court heard.
He stated that since last year, the officers have not to date preferred any charges against him.
He claimed that he has been living in fear of being arrested.
The businessman wants the court to bar the police from arresting him in relation to Swift Taxis Logistics Limited, First Monetary Security Services, Mr. Ulrich Kenny, who represents Hala Diamond Gold Limited, and Mr. Mekalih Tifre Masho of Jonro Global Trading LLC.
In his supporting affidavit, Otieno claimed that the package bore the signatures of Mrs Mekalix Tifre, Kenny Moupinda, and Kayembe Elly.
He maintained that he had nothing to do with the gold scam, adding that his name and photo were splashed on social media illegally.
“The complainants do not have any independent information or evidence that links me to their allegation, and the investigating officer is on a fishing expedition with the hope that if he can search my personal data and communication that may be found in my electronic gadgets, including mobile phones and computers, he may be able to link me,” he claimed.