By Geoffrey Mosoku
NAIROBI; KENYA: Two businessmen adversely mentioned as having links with the alleged smuggling of Sh8 billion gold from the Democratic Republic of Congo (DRC) have come out to defend themselves.
Paul Kobia and Joe Kirimi say they had nothing to do with the deal adding that they have been vindicated by past investigations over the 2010 case.
They two said that they had not run away from authorities and were readily available if required by the police or anybody probing the gold smuggle.
“I am not above the law nor am I a fugitive who has run away from authorities. I am ready to face any investigations,” Kobia told journalists in Nairobi on Monday.
A UN report has linked Kobia to the gold, while Kirimi’s factory in Karen Nairobi was said to be the place where the gold smuggled was being smelted, a claim both deny.
Kirimi said he is in genuine business of precious metal smelting having been licensed by the department of mines and geology.
“My business in genuine and not illegal as it has been portrayed and even detectives led by CID director Ndegwa Muhuro have inspected my firm and cleared me,” he said.
On his side, Kobia argued that he was vindicated earlier last year when police dropped charges against him after a complainant in the case failed to come and give evidence in court.
He further claimed innocence saying that his name was not among the 15 that were handed over to President Mwai Kibaki by his DRC counterpart Joseph Kabila.
On Monday CID boss Muhuro confirmed that Kirimi was in genuine business since his factory is licensed by the department of mines and geology and there was no complaint on him so far.
CID head of investigations, Mohamed Amin in February last year told the Standard that the complainant refused to come and police had since been told he had sworn an affidavit to that effect.
Kobia was arrested and charged on November 2, 2010 with pretending to sell 825kg of gold and obtaining $200,000 (Sh16.2 million) from a South African, Mr Dennis Ray Schmelzenbach.
Documents signed in November 2010 include a private sale and purchase agreement between Groupe Miniere de Kisangani (GMK) and Meranti Holdings Ltd Joint Venture-Hong Kong involving the initial trial shipment of 825kg of gold.
But in a sworn affidavit, the Chief Executive of Meranti Holdings Ltd Joint Venture-Hong Kong James Louis George said he has no complaint against Kobia.
"The company has not lodged any complaint at any time against Mr Kobia either with the CID Kenya or with the Kenya police nor is the company keen to pursue alleged complaint if any exists at all," reads part of the affidavit.
George asked for an order to lift the freeze in relation to the $200,000 to enable his advocates to act on business, which he is about to embark on in Kenya and Central Africa.
The affidavit was drawn by SS Jowhal and Company Advocates and sworn before Mercy Nyagah Advocates in Nairobi.
The documents explain Meranti Holdings Ltd Joint Venture-Hong Kong had retained the services of SS Jowhal in November 2010 and remitted the $200,000 as retainer in their escrow account at I&M Bank.
The investigations were being conducted by the CID, Immigration Department, Kenya Revenue Authority and detectives from DR Congo.
A KRA official who was leading the investigations, Joseph Cheptarus, was shot dead outside his home and no arrest has been made so far.
Find out more on KTN Blood gold expose.
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