A case in which a Congolese National is charged with Sh 156M fraud will proceed on October 22, 2024. In the case, Patrick Ilundu Lumumba alias Gabriel Kulonda Ilundu alias Lumumba Patrick Byarufu is accused of obtaining USD 1 million (approx Sh 156 million) from Yingchen (Shenzhen) International Trade Company Limited.
When the matter came for hearing before magistrate Dolphina Alego, the Complainant, a Chinese national informed the court through her lawyers that she could not appear in person since her life was in danger. She opted to testify virtually but the defense was opposing that application saying she was afraid to come to Kenya because she had defrauded the people of Millions.
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The court heard that Michelle Wu who is the complainant has been threatened by the accused. “For her protection, we pray that she appears virtually from China,” said the prosecutor.
Lumumba is alleged to have obtained the money by falsely pretending that he was in a position to sell to the company 84 metric tonnes of tantalum niobium ore (tantalite) ferried in container numbers; segu 2490020, segu 3374174 and temu 0281304, a fact he knew to be false.
Patrick Ilundu Lumumba alias Gabriel Kulonda Ilundu alias Lumumba Patrick Byarufu
It is alleged that the offense was committed on 26th December 2023 in Kenya, jointly with others not before the court and with intent to defraud. However, defense counsel Gordon Ogado opposed the application claiming that no evidence had been tendered before the court to support the allegations of threat to to life.
Ogado told trial magistrate Dolphina Alego that the only reason Wu does not want to testify physically is because she has a warrant of arrest against her in Kenya. According to the advocate, his client made a police report against Wu for over USD 1.8 million in fraud.
“She is a fugitive and is accused of stealing about USD 2 million, Ogado submitted.
After a long back-and-forth argument between the defense counsel and the state on whether she should testify virtually, the magistrate directed that the matter be mentioned on 22nd October so that she could hear the side of the witness before determining whether she would testify physically or virtually.
Since the witness is alleged to only speak Chinese, the court ordered that a translator be available during the next court appearance.