“My wife is due to deliver this week. I appeal to this court to consider the plight of my pregnant wife then exercise leniency, kindness, and mercy just for my wife’s sake by freeing me on a reasonable bond to enable me to fly back home to take her to hospital,” Gedion Nuka Gbaravopnu, 33, pleaded with chief magistrate Francis Andayi.
Nuka was arraigned before the Nairobi, Milimani Law Courts alongside a Kenyan Seth Steyen Okute, 55, for allegedly defrauding, Lewis Ikenna, an Italian Citizen US Dollar of the money through the pretext they would export 2,000 Kgs of gold to him.
State prosecutor Angela Fuchaka told the court the two accused persons pretended they were in a position to facilitate the transfer logistics of 2,000 kilograms of Gold to Dubai for sale.
The prosecution stated the two knew it was false they were not in a position to ship the gold consignment to Dubai for sale.
Nuka and Okute were accused of defrauding Ikenna the money at the DTB Bank Jomo Kenyatta International Aiport Branch on diverse dates between January 1 and April 30,2021.
A defence lawyer Collins Ario for Nuka and Okute applied for their release on bond which Fuchaka did not oppose.
While applying for their bond, Ario disclosed that Nuka was a Nigerian national and that the criminal case arises from a contractual obligation on the parties.
“I urge you release them on reasonable cash bail since the accused surrendered themselves to the Directorate of Criminal Investigations offices where they granted cash bail of Sh300,000,” Ario stated.
The lawyer urged the court to consider granting the accused a similar bail like the police bond.
He further urged the court to grant them reasonable bond to enable Nuka fly back home to take his wife for maternity “since she is due to deliver this week.”
Ario said Okute is a businessman and the police know his residence and that he is not a flight risk.
In his short ruling, Mr Andayi freed Nuka and Okute on a bond of Sh1million with one surety and0 an alternative cash bail of Sh600,000.
Further, Nuka was ordered to surrender his passport to the court. He was directed to avail two Kenyan sureties to sign for his release. Once the deposits his passport in court it may be difficult for him to fly to take his wife to maternity.
Andayi fixed the case for mention on May 20,2021 for directions and fix hearing dates
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