High Court 9452 of 2026

PW1 a/s/s affirmation Chinese female adult. Michelle Wu. This was the complainant herein and she testified that she lives in Southern China and works in international trade in import. That she does business in various countries to her Chinese clients and that this was the first time she did business in Kenya and the sale purchase agreement is dated 7.8.2023. That on 31.7.2023 she avers that she was introduced to a Taiwanese National called Patrick who sent her several photos of the products and the same was in Mombasa. He sent her 58 tonnes of goods and were going for 34000USD per tonne. This was the first time to engage and was able to purchase 5000 tonnes. She testified that the price was quite high and she was not able to buy a bigger consignment. She testified that she wanted to try with 5 tonnes for a trail. The agreement was to send 10 tonnes and first batch was 5 tonnes. Signature of the agreement. Sales and purchases agreement PMFI-1 Invoice 11.8.2023 Euro space amount 164800USD. Patrick acted as a contact person in doing the transaction on her behalf. She testified that she entrusted Patrick to send the 5 tonnes before the 10th. She testified that she had not entrusted Davis Otieno to do the power of attorney. Seller San Jola Company Limited. Buyer International Trade Limited Titanium origin -Republic of Congo worth 28000USD per tonne. She testified after she paid for the goods but were never delivered. 2|Page

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Customs denied her to have her goods sent in bits. She testified that she became suspicious of the business and asked for a refund. She testified that she used China Bank to send 10000USD. That on 8.10.2023 she sent 270,000USD (second amount) MFI-5 and 6. The first was on 25.9.2023 and the second was on 9.11.2023 was written because the seller could not deliver in time. 26.12.2023 she testified she paid 1000000/- USD per the bill of lading. She testified that she later found it to be fake and that it was done by Patrick the Taiwanese national. After inspection it was realised that the cargo on arrival in China was fake. The goods were fake, cement. San Jola sent an email to Moses Gabriel and she paid 1,000,000USD and customs verified that they were cement thus fake goods. Exhibit 1,3,4,7 produced. She testified that she recorded her statement in Kenya at the DCI. The container was shipped to China PMI-10 Bill of lading gross weight 76299. The bill of lading was not equivalent to what was sent via email. Statement Exhibit 9 Bill of lading Exhibit 10 She further testified that she has seen the charge sheet Exhibit 11. Sidian Bank sent it to one Moses. Email from Sidian Bank dated 27.9.2023 -Exhibit 12. Exhibit 13 dated 28.8.2023. She testified that she could not pay on time and she managed to pay 164000USD and he said that they could not send the same until she clears. Document MFI-14 International Settlement Debit advice. 3|Page

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PW1 testified that he delivered on time on the first consignment. The second one took more then 21 days to return. He said that the cargo could not be done in batches and there was no amicable agreement. PW1 testified that she was not refunded the money 14.8.2023 Exhibit 14. Transaction notification 1000000/- Kshs. via email from bank on the payment MFI-15(a) 270000USD was the second payment MFI-15(b). After the payment the recipient kept on going with delaying tactics 11.12.2023 -Exhibit 16 Letter 4.9.2023 MFI-17 Exhibit 17 -MFI-18 dated 1.11.2023 Invoice by Sanjola to pay for the charges but they did not have the money and she told them that she was unable to pay Exhibit 18 dated 8.10.2023 MFI-19 International debit advice 27. 270000USD from her Chinese account MFI-19(a), (b), (c) Exhibit 19(a), (b)(c). Bill of lading. She testified that she lost 1.29million dollars which was paid from her company account 1,000,000 Kshs. was lost 270,000USD equally got lost. She testified that the entire transaction was fraudulent. The damage has really done a great loss to her company in China. Collateral financial damage beyond repair. She testified in cross-examination that the proforma invoice had no relationship with San Jola. She testified that she did not entrust one David with power of attorney. That on 2.10.2023 there an agreement which involved Davis and Sanjola .PW1 testified that she knew Gabriel Kalonda. 9.11.2023 page 17 She testified that she paid 10 tonnes -Page 4-5. 4|Page

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The goods were to be stored in a warehouse AGL but she avers that she did not do the analysis but Sanjola did. CCIC was an intermediary and they did not see the goods. It is a Chinese company. Analysis report page 14 -58 tonnes . The document was intact and the main mode of communication was WhatsApp and email which was used to communicate and a video was sent and picture during the analysis stage. PW1 testified that she did not sign the document yet she confirms that she was importing 84 tonnes but she signed two other documents. One dated 11.11.2023 which she confirms she signed. She testified that she did the gold analysis before payment. Certificate of weight page 14. She testified that she got the contract on titanium and analysis was to be done. Sanjola was to export the titanium and that she received a video of consignment. Page 38 of the contract. She testified that she received photos of the same. Page 42 is the same. Page 39 Container Page 47 communication between her and the seller. Page 66 Photos and communication up to page 71 First container. She testified that she received three containers but two photos for the two and not three. She testified that she could not take the consignment due to lack of documents. Page 82:PW1 testified that this is her email to ATL Page 81 Sanjola response. She testified that she paid for the fee for the transfer. Page 82-163 contents are correct. 5|Page

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Page 91: He testified that he signed the agreement on 3.10.2023 and that she gave Sanjola 10000USD through CITIBANK. She testified that one Mose was her advocate then. She avers that two emails are missing. One for confirmation of transfer of funds and the other receipt of the same. Page 158. Mose and Company Advocates was the lawyer she used. Page 158. She testified that she had not transferred ownership that she paid 1000000USD on 26.12.2023 into a Euro account. She testified that she is not aware if Mose and Mose paid Sanjora and neither is she ware of any suit. She testified that she did not receive the commodity as per the agreement and that she was not present when the consignment was being dispatched. She avers that this engagement was in July and that she started engaging Patrick from that day. That on 7.8.2023 she entered into an engagement with Patrick and that it was Patrick who sent the document to her. She testified that she met Patrick in a friend’s company in 2022 who assured her that he was familiar with the business. That the photos were taken on 31.7.2023 but on opening the seal and container number these were different and what was found was sand in the three containers. Shipping company was KMCC. She testified that she paid money and was never delivered. Page 145 Mose and Mose Advocates 1000000USD was deposit and currently an exhibit in court. PW2 a/s/s adult female Christian English Winifred Wanjiru Gichuki. She testified that she lives in Busia and that she works for Customs and border control KRA. She testified that she is a clerk and works at Scanner Management Unit. That the 6|Page

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truck enters through a scanner, the agents furnish them with a cargo manifest. That in 2022 she was in Malaba KRA and was at inward rotation desk and was to cite a truck and give a rotation number. She testified that she needed a cross document from Uganda. That on 26.9.2022 she testified that she was at the rotation desk and was on duty as normal when she received a TI and C2, from Uganda and Kenya variedly. KCF002N.Trailer no zf2497 40 feet container TGBU9365068.It had a rotation number IRMLB2692265910. She testified that she wrote it on the document (handwritten rotation number and that she endorsed it with a stamp and returned the same to the agent and thereafter it is clearance. She testified that she does not know the accused person. She testified that all the clearance for the trailer was done as need be. PW3 a/s/s adult English Christian male Gibon Onyango Okoth. He testified that he lives in Tassia Nairobi and that he works for KRA as a supervisor customs and border control officer. He avers that in 2022 he was at Malaba one stop border stop and was there as the supervisor. He avers that he was to generate the cargo manifest .C2, T1 is the Ugandan declaration. That on 26.9.2022 he was the officer on duty and they generated C2 and they printed it to the agent. He testified that he received TI entry from in tray, TI 2022UGKLAG38959. He testified that he proceeded to generate C2 and a copy was retained in the system but he avers that he did not see the truck .C2 truck no KCF 002 NZF 2497 TGBU and that his name is captured Ex.1 C2 is a cargo manifest which is used for entry into Kenya up to Mombasa. He testified that he does not know the accused person. 7|Page

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PW4 a/s/s adult male Christian English Clinton Ephraim Ocholla . He testified that he is a customer officer currently working in Wajir. That in 2022 he was a customs officer under REX Regional Electronic cargo tracking system under border control deals with disarming of cargo. That on 7.10.2022 he was on CFS container freight station and he was on shift. He testified that he was in Changamwe area and was on duty when he received a call to disarm a container TGBU9365068 ,40 feet container. It had a seal and he was to disarm the seal and take the seal. It was at 4.56 pm and it had been sealed with a REX seal 60D5111970. He avers that as per their JD they are not meant to know the goods and he equally did not know the shipper. He avers that he does not know the accused person. Pw5 a/s/s adult male Christian Kiswahili Dickens Paul Ochieng. He testified that he lives in Mombasa Sparki and that he is a transporter and driver. He testified that in 2023 he used to carry containers within Mombasa Shantings ZB3830 at 4pm. He testified that he received a call from Patrick Lumumba who was giving him this job. He testified that the accused used to give him jobs when there was one. He testified that he met accused. Accused person positively identified before court. He avers that accused called him using his Safaricom line and asked him to go to Hakika deport in Mombasa. He testified that he carried two containers and that they were blue in colour; SEGU 24900020 AND SEGU 1758967 The containers were empty and they went to AGN. 8|Page

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Bolore African Global Logistics. He testified that accused told them to take it to Transami. AGN are at Changamwe and that they were put in another truck and one remained on his truck. He testified that accused said that they be boarded and the other driver was Pius and he told them to go to Mombasa combined ware house. He testified that it is within Changamwe and they slept and they offloaded the next day. He testified that it had drums. They were over 40 drums in Kobil like drums and they were then told to go to AGN. He testified that accused told them to do so and he was following them with another car. He testified that they offloaded them as he advised and they then left with empty vehicles. He testified that they were paid Kshs.11000/- in cash as their payment for the job. He testified that accused later called him for another job in December before Christmas. That on 17.7.2023 accused told them to take their containers to a CFS warehouse and enroute he diverted them to MCT Mombasa Container Terminal warehouse and he never told them why they were being diverted. They offloaded them. He testified that he carried on container and they were told to wait and they later took them to Port, scanned and offloaded. He testified that he can’t remember the container number. He then left. That on 23/11/2023 accused called him to take a container at MCT and take it to the port TCLU 40 feet. He testified that he took the second one offloaded it but it was not scanned due to system failure. He testified that all containers must be scanned but he said there was no use to scan them. They picked the containers from Hakika Transporters. They were empty containers. TEMU 043657. 9|Page

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TEMU 5030246. He testified that they went with them to Team ware house and entered Benvick warehouse enroute to tea ware house. He avers that he carried two containers and driver Agostino had two KAS. Patrick told them to branch at Benvick and he reduced on container each. They were loaded at Tea warehouse with a fork lift. He testified that he does not know what was in the container but they were quite heavy. TEMU 043657. He testified that he took it to Bolore AGN That on 23.11.2023 accused called him and asked him to carry container to MCT and had earlier asked them to take it to the port then changed his mind. The machine offloaded the container and they were never asking questions and he was given another container. SEGU2490020. He testified that accused gave him work to carry a 40 feet container. TCLU8755716 40 feet. He testified that this one was not scanned and he offloaded it at KPA Toyo Perth 24. He testified that they are usually blue in colour. MFI-22 Container 40 feet TCLU8755716. He testified that he never knew the contents of the container. He further testified that he stayed two days at the port before he offloaded the container. Accused person positively identified before court. All containers must be scanned and that he went with KRA officers. Pw6 a/s/s adult male Christian Kiswahili Agostino Momanyi Mokaya. He testified that he lives in Mukadini and is a driver with Mantroy motor vehicle KAU 898H Trailer ZB 914 2 MAKE Renault. That on 17.7.2023 he was parking when his boss Aloice Rasugu asked him to go pick two containers. 10 | P a g e

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fi SEGU 3374174 fi SEGU 2397370 He testified that he was to take them to Bolore. They were empty and he was with Paul Dickens. He avers that he picked the two containers and gave one to Bernard to offload and he took one. Bernard equally had two containers to offload at Tea warehouse and they were offloading with fork lifts. He testified that he offloaded at Bolore 200 metres away where they were. On 23.11.2023 his boss called him to go and pick a container. He went with the same trailer and this was a different container. On 27.11.2023 SEGU 3374174. It was scanned and he avers that he met the owner of the container on the fateful day. Accused person positively identified before court. SEGU 2397370 MFI-21 PW6 confirmed that he took two containers one went with his colleague SEGU 2397370 and he picked the other SEGU 3374174. They were both empty. PW7 a/s/s adult male Christian English Stephen Kibe Njuguna. He testified that he lives in Kasarani and works with KRA.REX official Regional Electronic Cargo Tracking System. He testified that he arms and disarms electronic cargo monitoring gadgets. That in 2023 he was on duty. That on 24.10.2023 he received a call to disarm a truck at MTC and he did as such. TCLU 8755716. He testified that they managed to disarm and he avers that he did not know where it came from. Tracking device no.6TD5211195. 11 | P a g e

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He testified that he took it to the main office after deactivation and that he says is where their duty ends. He avers that he never saw the contents of the container and he equally avers that he does not know the owner of the container nor the accused person. He testified that the container was from Uganda. And he avers that he did not know that the container had a criminal case. Pw8 a/s/s adult male Kiswahili Christian Patrick Nduto Kamwere. He testified that he lives in Chagwamwe and is a driver. That he works for Manroy for the last 4 years. That he has been driving KBK 528B TRAILER ZF3284. That on 25.11.2023 he avers that he was called by his boss Aloice Rasugu and he informed him that there was work from Borole MCT. He testified that he packed the container 20 feet and gave a container number. He testified that the one he took to MCT is not the one he eventually carried which was TEMU 0281304. It was scanned at the port. He testified that he had a gate pass. He avers he was with the owner of the cargo. It is the accused person herein before court. He testified that he passed at gate 24 Toyo Scanning was at gate 18 and they then went to the block. He testified that they then offloaded for dispatch and went to the parking lot. PW9 a/s/s adult male Kiswahili Christian. Bernard Cheruiyot Langat He testified that he stays in Mikindani and is a driver with Macroy. He avers that he drives KBJ 289k Trailer no. ZB3933 REANAULT. He testified that he has worked herein for the last five years. That on 17.7.2023 he testified that he left for work to AGL where his boss had sent him. He had been asked to go to Benvick and found 12 | P a g e

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Agostino and Paul at Benerick. He loaded 20 feet at the warehouse. The next day it was loaded. Container TEMU. He testified that he went after one house and saw a fork lift lifting the container. They were sealed and he took it to Borole. That on 23/11/2023 he was called again to MCT. It was sealed with two of his colleagues to MCT. He testified that after this his work ended with the container no 2397370.He testified that he parked it when it was empty to MCT. He testified that he only had a gate pass for the clearing agent but no documents. PW10 a/s/s adult male Christian English Elvis Wanjala Kiveu. He testified that he lives in Malaba and works as a customs officer at KRA. He avers that when this matter occurred, he was an arming officer thus monitoring cargo. That on 20/11/2023 he was the officer on duty and was presented with a file by the agent. The final destination was Mombasa and not Malaba. It was on transit consignment. TI from Uganda and they gave the agent the documents and proceeded with the other process. He testified that he only reroutes and only worked with the document presented as per his job description.; He testified that they use the same gadget both in Uganda and Kenya as per their job description. He confirms that the gadget was working and in good condition according to the journey map and it reached Mombasa which was final journey map. PW11 a/s/s adult Male English Christian Kenneth Kamau Karanja. He testified that he lives in Voi Town as customers officer. He testified that he was a port officer and as such supervise the transit of the goods. That on 18.7.2023 he received an 13 | P a g e

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authorisation from enforcement office to allow some containers from AGL formerly Borore Logistics container no. fi TEMU 043657 fi SEGU 2397370 MFI 21 fi SEGU 3374174 He testified that they were sealed container and on transit and that he received the same. He testified that he was assisting Deborah Omari as she was on leave but he was not involved in the testing. Sanjola Company was the owner and they were taken to MCT but he Pw11 testified that he was not present when the container was removed. He avers that Mr.Ondiri responded to the email and he was copied in .There was no stuffing or rebranding .He avers that his colleague resumed her duties . Request was from Sanjola Company Limited. Email dated 18.7.2023 -MFI-22 Requesting email MFi-22(b) dated 23/11/2023 Email containers to move from Borore to MCT MFI -23 The containers reached the recipients 24.11.2023 -MFI 24. He testified that he recorded his testament at the Police Station. He avers that he is not aware of stuffing or rebranding. The paper trail was titanium. The container stayed from 18th -23rd.Novemebr ,2023. He further testified that he does not know if the containers left the Country. He avers that he handed over the duties to Phylis in the official capacity. There was no breach of duty. He testified that he did not check if the gadget was working or not. He confirms that he is the resident custom officer. He further confirms that these goods were destined to China and had a request to MCT for rebranding. They were from Uganda to China. 14 | P a g e

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He testified that they indicated the seal numbers and they were not tampered with at Bolore. PW12 A/S/S adult male Christian English. NO.80x98 Sergeant Hesborn Otieno DCI Operation Support Unit. he testified that he was the original I.O That on 8.2.2024 he testified that he led a team of investigators in Mombasa and in the course of the investigations they recovered two containers at MCT -TEMU -0431657 SEGU 2397370 That upon recovery they brought them here as exhibits. PW12 testified in the unsealing the containers. fi TEMU -0431657 which had two custom seals 0008883 and 0008890 fi SEGU -2397370 which had two custom seals 0008884 and 0008891. he testified that they found 46 drums in TEMU containing a substance. 48 drums in container SEGU -2397370. He testified that he has four broken seals MFI-24 (a), (b) and (d) He testified that he prepared an inventory MFI-25 dated 8.4.4024 signed by himself and his colleague as listed herein. MFI-25 fi TEMU 0431657 Exhibit 26 fi SEGU 2397370 Exhibit 21 fi Four broken seals Exhibit 24 (a)- (d) fi Inventory dated Exhibit 2 Pw12 testified that on 30.1.2024 he was in his office when his boss Zacharia Kariuki minute him a case on money laundering in respect of a financial reporting centre who wrote to DCI ref. FRC/4/1A/4/VOL 15 | P a g e

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10(83) dated 18.1.2024. The complaint was on a financial transaction Sanjola Limited and a Chinese Company. He testified that he looked at the contract FRC report MFI-117. It was for a supply of 84 m tonnes from DRC to China. The escrow account was Mose and Company Advocates based in Nairobi. Mose was to hold funds until the consignment is tasted and thereafter funds released. The funds were partially utilised 50500USD contrary to the sale agreement. The three containers were found to be soil. The goods arrived in bags and not in drums as per the bill of lading. Escrow dollar account 010xxxxxxxx853 Sidian Bank Naivasha Branch. The shilling account 010xxxxxxxxx928 Mose and Company Advocates. three containers arrived in China. fi SEGU 2490020 fi SEGU 3374174 fi TEMU 0281304 He testified that he filed a Misc. Application E358 OF 2024 seeking for presentation of funds.MFI-109-110.He testified that he was seeking for account opening statements, signatories to the account and any other document for the account. On 2.2.2024 he led a team to Mombasa to try and locate the containers. On arrival they visited Rice Shipping Company, Mombasa and found the exporter was Patrick Lumumba of Sanjola Company and they processed the containers. They visited Hakika Shipping Company and they tried to locate their storage. They were led to a bonded company Changwawe Steering Bridge (K) Limited. TGBU 9365068 arrived at the bonded warehouse from Uganda with TI entry which means from Uganda it was to exit but owner requested storage. 16 | P a g e

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The container had gunny bags allegedly titanium ore. Pw12 sought approval from KRA and the container was allowed and later on was transferred to other three containers. fi SEGU 3374174- 46 drums of the alleged titanium ore fi TEMU 0431657 -46 drums fi SEGU 2397370 -47 drums He testified that they were approved and that there was a transit warehouse. He testified that they found containers were transferred to Mombasa Terminal and samples had been taken for testing but still released before results were out. He testified that they went to Mombasa Terminal and found three containers. fi TEMU 0431657 Exhibit 26 fi SEGU 2397370 which they recovered at MCT fi SEGU 3374174 was shipped to China and they recovered the above. Pw12 testified that a multi-agency team was formed vide court order E440/2024 to open the containers. They found that the containers left for China and part of what was left here was the same. KRA fixed custom seals 0431657 seal no 0328596 MFI-118. Seal for SEGU 2397370 was 0328596 MFI-119. He testified that he handed the investigations to Sergeant Odhiambo as he was assigned other duties -Report 117. Court order Exhibit 109 and 110 Seals 118 and 119 Exhibits 109,110,117,118,119 17 | P a g e

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African Logistics Company suspected that the containers had soil and not ore. The containers were released without the test results. KRA authorised release of the containers without the results. Accused person positively identified before court. In cross-examine, Pw12 confirmed that they started with a suspected case of money laundering and when they realised that three containers had left for China. Bill of lading was 3.12.2023. They commenced investigation in 2024. It was loaded at Sigwein and left the Country. They saw email threads and the contact and document from AGL/Bolore. The costs and the luggage were stored by Patrick the accused person herein. Gross weight as per bill of lading 76209 kgs. Agreement is 84000tonnes. The containers were at the port. He testified accused phones were switched off when they tried calling him for investigations. The containers left Uganda but were packed in Kenya. Soil was shipped to China and the goods were offloaded here in Kenya. Form TI entry -Uganda to port direct. The tests confirmed it was soil. Price was 10,000,000USD Mose and Company Advocates were holding the money. Mose and Co. Advocates is not registered. He did not have a practising certificate. The money was in the lawyer’s account. The three containers left for China at the time of investigations. The bill of lading was amended. SEGU 3374174 is related to the ones which left for Kenya and the contents were the same. The goods had an export license. The intended purchaser was from China. 18 | P a g e

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PW12 testified that he then handed over investigations to his colleague Sergeant Odhiambo PW 13 a/s/s adult male Christian English No .85x52 Sergeant Charles Odhiambo DCI headquarters Operation support Unit doing general investigation duties. He testified that he is the Investigation officer herein. He avers that on 30/1/2024 he was allocated this matter to investigate by his boss Zachary Kariuki. That this matter got to their attention through intelligence hearing. It came from FRC in report reference FRC/4/1A/4/VOLUME 10(83) dated 18.1.2024 Exhibit 117. They had analysed a transaction on raw titanium between San Jola Company and Ugandan Company and a Chinese Company. There was a law firm Mose and Company Advocates and they were able to get a sales and purchase agreement dated 2.10.2023 Exhibit 4. Second sales agreement dated 9.11.2023 Exhibit 7. The allegation was one of the companies had received 1000000 USD and the supporting documentations provided to FRI was flagged and an amount 50500USD which was contrary. Upon receiving these, they sat down in investigation, the commodity name was titanium ore. Buyer Yingchel Shenzen International Trade Limited and Seller was Sanjola Company Limited. Origin was DRC and quantity was 28 metric tonnes with a trail of 10 tonnes delivery in batches was allowed. The contract averred quality of titanium 31.15% and if less the contract would be cancelled or negotiated separately, weighing, sampling, testing will be recognised if done by CCIC. The delivery method was described to deliver 28 tonnes goods container reserved by the buyer within 5 days. Mombasa, Kenya Bolore warehouse. 19 | P a g e

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The price in method was 28000USD per unit tonne. He testified that they commenced investigation and why FRC had flagged it. Contract 2.10.2023 Exhibit 4. Clause 1, clause 2:2:4 Clause 3; clause 4:1:2 and clause 5. Investigations began with payments. They prepared Misc. investigations to get bank statements of accounts, investigations and preserve the accounts. Exhibit 109, Exhibit 110. Misc. E358 of 2024. They sought orders to get bank statement. Account 010xxxxxxxx928 Kshs. account 010xxxxxxxxx853 USD account of the law firm. This was the primary account Escrow account. They also got orders 010xxxxxxxx031 Kshs. account 010xxxxxxxxx041 USD account. 010xxxxxxxxx137 USD account. All were held at Sidian Bank. On 1.12.2023 .and 1.2.2024 a second order was to preserve the same accounts for 10 days pending investigation. They served this to Sidian Bank on 1.2.2024 before they embarked on investigations in Mombasa where they commenced investigations, Sergeant Otieno and P.C Nyagah and PC Stephen Ekalomba. They arrived and tried to get the containers. They went to Rice Shipping due to the bill of lading KMTCMBA00088271. KMTC is an international shipping line but has no presence in Kenya but have an agent Rice shipping line. They got three containers ; fi SEGU 2490020 attached seal KMTC 1062983 fi SEGU 3374174 KMTC 1057864 fi TEMU 0281304 KMTC 1062984 The shipper was subscribed as Sanjola and consignee was Yingchen Exhibit 100. 20 | P a g e

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Bill of lading had no seals. They spoke to PW25 and he took them through what had transpired. He narrated to them two independent shipping line can do business with one another when one shipping line has a customer seeking to ply a certain route, they can off load that client to another shipping line and earn business. The shipping line who brings the shipping line is known as the booking party, the company Sanjola company Limited was not a direct company to Rice and KMTC but was a direct client to Sharaf Shipping though they don’t ply China route thus the arrangement. All the containers belonged to KMTC as a company and were issued to them. They then decided to trace the original of these containers. They wrote several letters seeking information to Rice Shipping 2.2.2024 DCI ref: DCI/OSU/SEC/4/4/VOL3/183 and they requested for copy of certificate of incorporation CR12, copy of business permit certified copy of bill of lading. Container interchange for above containers, copy of shipping order and application details of clearing agent. Documents were provided and PW25 responded on behalf of Rai Shipping Line Exhibit 120 Official letter to sheriff Shipping 2.2.2024 ref. DCI/OSU/SEC/4/4/VOL3/187 Original letter EXHI121 A received copy Exhibit 121 B They did a further letter referenced DCI/OSU/SEC/4/4/VOL3/188 dated 5.2.2024 Exhibit 122(a) received 122(b). He testified that they spoke to KRA over the containers letter ref. DCI/OSU/SEC/4/4/VOL3/250 dated 26/2/2024 to Commissioner General to request Commission customs and border control to provide them with information over these containers including customs entries and if clearing agents and bonded clearance houses were in their data. 21 | P a g e

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Their response is dated ref. KRA /5/1002/IMD/OIC715/24 dated 4.3.2024. They attached one customs entry ref no .22MBATR804365718 This custom was involving container no. TGBU 9365068 Consignor /exporter was Ulundu Patrick Lumumba and consignee was Blue Quest Trading Shanghai Limited 40 feet container accessed Kenya loaded vide truck KCF 002N/ZF 2497. It was declared to contain raw titanium ore and was destined to a boarded warehouse TMSA201. This warehouse TMSA201. The warehouse is the Sea Steiware which is located here in Mombasa and they visited it (PW14 testified). Date of exit and arrival of the consignment which is indicated as 10/3/2022. It is signed by Peter Kirage for Commissioner General KRA Pw14 Exhibit 33. Letter to KRA and response Exhibit 123 (a) and (b). they traced bonded warehouse in Changamwe and visited the ware house. In 2022 they received this consignment after customs approval and he gave them a history and that the importer said that they had disagreed with intended consignee and the track which container had been loaded had to go back and the containers had to be returned. They averred this diversion of raw titanium ,40 feet container, jumbo bags and after accepting the material he showed them raw titanium is a radioactive material and mode of storage while in the ware house is that cannot stay in the jumbo bag thus in a heap (like sand). Pw13 testified that they did a letter to them dated deport manager DCI/OSU/SEC/4/4/VOL 3/192 dated 5.2.2024 and they requested them for custom entry TI-T800-transfer to warehouse, removal and exit entry and resource person to record their statement, they responded positively and Boaz Oloo Pw14 recorded his statement Exhibit 124(a) and (b). The goods stayed in the warehouse and 22 | P a g e

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Sanjola requested that goods be moved to a different location. the consignment left Sequen in three containers. fi SEGU 3374174 -46 metallic drums. fi TEMU 0431657 -46 drums fi SEGU 2397370 -47 drums He confirmed that they dealt with this container on first week of April ,2022 and that the heap in the warehouse and accused said that they had agreed that the packaging would be in metallic drums. He said that it was headed to Changamwe to Bolore. All the three containers were moved by the drivers who had already testified. At Bolore all the three containers were received while at Bolore ware house a team of investigators from KRA led by one Laban PW19. Koome who has testified already visited the said ware house and acting on tip off and received intelligence that the containers were alleged gold. They affixed customs seals on top of the existing seals. F89 also issued by KRA to deposit goods insitu to complete investigations. they later visited and sampling was a done, they took them to KRA lab for testing. Results dated January ,2024 which has been produced Exhibit 58 and 59 by PW23. In December ,2023 one of the officers in charge PW17 investigators from KRA relaxed the F89(that had been issued vide as email and because of this the goods did not have the hold of f89 anymore yet the results of the samples in January 2023 confirmed that there was no titanium in the sampling. This meant the accused requested that he needed the containers be moved from AGL to MCT which is a transit shield. At MCT there were three foreign containers produced. Investigations was done. 23 | P a g e

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1st .container -40 feet. TCLU -8755716 SEGU-2490020 TEMU-0281304 and they traced the 40 feet container. This entry was attached consignor Sanjola . Consignee: Kwadong Rising rare metals from China. It came into the Country KBD 962T/ZG 4657 Item 49 customs entry which provides identification of warehouse. It was a warehouse TMSA183 Mitchel Cotts warehouse and they did not understand why they were at MTC which is a transit shield yet it has not obtained the bonded status. The two others containers also were allowed at MCT. the shipper, the accused person was at MCT in person and requested customs to do cross-stuffing. Customs entry/arrival was 10/3/2022 -George Muchora PW32. Entry 23/MBATR807448022 Exhibit 34. Customs may allow upon request the shipper to exchange the containers from one container to another container. Quantity is 22 gunny bags raw titanite ,2 by 20 feet container there were metallic drums. The containers were placed in the 2 by 40 feet containers and the 2 by 20 feet containers were bought in the 40 feet container and this explains why it now had 90 drums -Exhibit 22. This explains why it contains metallic drums and why the two containers shipped to China which are involved in the stuffing exercise have gunny bags CCIC test reports for tests done in China. MCT during their investigations one of the three containers AGN Bolore and move to MCT 3374174 had also been shipped out. That is why one has drums in it and that is why they were flagged when they arrived. They recovered two sister containers with one in China SEGU 24 | P a g e

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2397370 and TEMU 0431657 at MCT are still at MCT. He testified that they involved their scenes of crime and moved to Port Police for safe custody. Later on in March 2024 they continued with investigations and recovered 40 feet -Exhibit 22 at Toyo area within the Port. They sought court orders vide Misc. application to break the scenes. He testified that he personally swore E208/2024 Misc. seeking orders to break the seal serial no.8058920 and document the contents and it was granted by Chief Magistrate’s court at Mombasa. Application order Exhibit 125(a), (b). Misc.E208/2024 dated 15.3.2024 respondents. Customs and Border Control. KRA Sanjola Company Limited. Evergreen marine Coop., County Clearance, Kenya Ports Authority, Inventory of contents. Exhibit memo form dated 15.3.2024. State Department Mining, Blue Economy and Maritime Affairs forwarding the container containing 90 drums for them to sample, test and give results. He testified that they did a multi-agency approach and sampled the material themselves and the same was received by them. Exhibit memo Exhibit 93. After sampling and testing they confirmed the three containers had left to China. Report from scenes of crime department Sergeant Emmanuel Kondo who is gazetted 5853 /2021 dated 31/8/2021. Photos 40 feet container MSA/DCI/CSI/10/VOL 1/26/2025 dated 10.6.2025. Serial 2-22 -21 photos -Exhibit 126 (a)-(y) Certificate Exhibit 127. Forensic crime scene report Exhibit 127. 25 | P a g e

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Money held at Sidian Bank E 358/2024 Misc.- Sanjola Company sought to be enjoined in the matter and the Hon. Zainab then vacated her orders and that resulted to the prosecution seeking revision vide E119/2024 seeking reinstatement of orders which were granted and that the preservation exists till the trial court herein finalises the matter. PW39 testified before court and he produced the bank statement for all accounts as per court order and confirmed that the money exists from the parent accounts and cash margin accounts to preserve the same and 949000USD is in the USD account and what is in cash accounts. Ruling is dated 29.10.2024 by Judge Lilian Mutende Criminal Revision E119/2024.-Exhibit 128. Pw13 testified that he wrote a letter to LSK vide DCI/OSU/SEC/4/4/VOL3/174 dated 30/1/2024. He requested for confirmation whether Mose Nyaega P.105/6505/06 was an advocate during this transaction. Response ref. P105/650/6505/06 confirmed that according to their records Mose Nyaega is an advocate but lastly had a valid practising certificate in 2016 and as such was not legible to practise law therein. The response was dated 2.10.2023 body of letter dated 30/1/2024 Exhibit 129 (a) and (b) Misc. application 440/2024 sworn by Insp. Nicholas Njoroge before Chief Magistrate Milimani Court seeking orders to break customs seals 0008883,0008884 with a view of inspecting contents SEGU 2397370. Temu 0461557 dated 8.2.2024 recovered at MTC and took to Port Police Exhibit 130. He testified that he wrote to DG NTSA letter Ref.DCI/OSU/SEC/4/4/VOL 3 185 dated 2.2.2024 requesting for information KAN 753A, KBJ 289 K, KAU 898H. trailer ZB 3933, ZB 9142. response; KAN 753A Dickens Paul Ochieng. 26 | P a g e

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KBJ 289 K Aloyce /progress KAU 898H Kevin Kipyego Chepkwon. ZB 3830 ZB 3933 ZB 9142 Stephen Maina Okunju -Exhibit 131. Response EXHIBIT 132 (a), (b), (c), (d), (e), (f) Letter deport manager Hakika -DCI/OSU/SEC/4/4/VOL3/189 dated 5.2.2024 and they were enquiring of three containers inward interchange, release ordered, instructions of release, gate pass, outward interchange, deport manager and in response Thomas Kahindi Pw37. Exhibit 133(a) and (b)MCT-Port Police orders for enforcement Chief Manager Evans Mairura Ref. CBC/MESR/ 07/02/2024 to remove goods under Section 39 EAC Customs Act Exhi.134. DCI/OSU/SEC/4/4/VOL3 /195. 6/2/2024 Exhibit 135 Sought permission DCI/OSU/SEC/4/4/VOL 3/193/dated 6/2/2024 KRA approvals for three containers to get resource person Exhibit 136. Chief Manager KRA ref. DCI/OSU/SEC/4/4/VOL3/207 dated 8.2.2024 requesting KRA officers to record statements. They all testified. Exhibit 137. 18.3.2024 -KRA letter. DCI/OSU/SEC/4/4/292 dated 18/3/2024 Malaba staff who cleared trucks to have management team. KRA responded KRA 5/10/02/IMD/2(14424). Letter dated 19.4.2024 addressed to DCI signed Simiyu. Journey maps fixed with a gadget device 305F32E9-60D,5211195,3057B7E160D5111970 Kampala -Mombasa. 27 | P a g e

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Response Exhibit 138 (a) and (b). He testified that they completed their investigations and accused arrested in Nairobi and charged. Accused person positively identified before court. He testified that they never found anything from DRC. No raw titanium came from DRC October 2nd. -9th.November,2023 and this material shipped out. Testing was to be done CCIC and AGL Boloree though no test was done at AGL. Bolore. Victim had given power of attorney. Dennis Atieno to supervise the test he never witnesses testing of the material. Containers cannot be released without the bill of lading. A second test was to be done in China. They recovered the original bill of lading which was produced in court thus PW1 could not access the containers without her having the bill of lading. Agreement is 29th.November ,2023. Delivery time was five days which was unusual the bill of lading had not been picked. The three containers have never been released to the complainant in China. She asked that the containers be opened when she got suspicious after the containers were scanned. Certificate of origin was from escrow lawyer and complainant. The consignment originated from Uganda produced by Mose PW38 yet Country of origin was meant to be DRC yet journey maps show start Kampala and ended in Mombasa. Exhibit 98 stamped Sanjola 27.11.2023. Invoice no and date 8792/06/September /2023. There was a discrepancy in when this came into the Country and when it was shipped. The person who was to witness was by Otieno yet he did not, he followed location which diverted him. He failed to witness because it was diverted to a different location. 28 | P a g e

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The complainant has never gotten a bill of lading. Pw1 produced what was sent to her by Mose. What Mose had was both copy and original. Original bill of lading is given once you cleat the payments. Three days on the container’s arrival. Accused person went to the shipping line and wanted all containers brought back and this did not materialise and the goods got to China. PW1 became desperate and she got in a problem with the authorities and she needed her money back. She said accused person went silent on her. Hakika deport is an empty deport and taken back to shippers for hire those in China and those still here in Mombasa. He testified that they had a joint verification exercise of five people at the port by the court. fi TEMU 0431657 -46 drums. fi TCLU- 8755716- 90 drums fi Segu 2397370 -48 drums They were all opened and fi TEMU 0431657- 5 people KRA, KPA, KPA, DCI, NPS. The list of witnesses remains the same Exhibit 139(a), (b), (c) He testified that he then charged the accused and positively identified before court. He testified that they identified other suspects but they are yet to be charged before court. In cross-examination Pw1 put her complaint after the agreement failed. The contract defined what value of raw contract needed. One was 28000USD per tonne for both contracts. He testified that they went to Mombasa on 2.2.2024 when they sought to get accused person at his residence in Nyali and back to Nairobi and they found he was not in Kenya. They could not summon him because he was 29 | P a g e

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not in Kenya. On his arrest he gave them a negative statement. He said it was a business transaction with PW1. Pw13 testified that accused has always appeared in person. That a seal and tracker was put on a container and he sought and got permission from KRA. The movement from AGN to MTC did not amount to rebranding, the results was a different transaction. Seals come from shipping lines. KMTC gave the seals. His investigations revealed that accused had a relationship with the shipping line and had the seals with him. KRA broke the seals on suspicious allegation. There were no KMTC seals. The containers were not tested at Bolore and there no records to prove it. He testified that the transaction had many people playing different roles. Accused was to travel to China to be available with the victim when they open the containers and testing. AGL Bolore is bonded with KRA. MCT is a branch of AGL. Accused asked the shipment to be returned. The communication was via email DMFI-9(a), (b) dated 22.12.2023, He met Davis DMFI-7(e) (i) DMFI-10 power of authorisation 10.10.2023. Passport copy for Davis Otieno. He testified that ACL and MCT are 2-3 km apart and they are in a working partnership and they are custom areas. Bonded house and sheds work together. Pw13 testified that he first met PW1 when she visited Kenya on 24.4.2024. She got in touch after the recovery in February ,2024. The matter was broadcasted in Kenya and they sent her an email. As per the documentation they saw the money was from China. FRC report confirmed the same. They received a letter dated 18.1.2024 from FRC, Ob 53/4/4/2024 which appears in the charge sheet. 30 | P a g e

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He testified that they begun their investigation on 1.2.2024 FRC and had suspicious on money laundering then but upon investigations it was found to be a case of obtaining money by false pretences and conspiracy .PW1 statement has been consistent and when she arrived in Kenya, they recorded her statement with FRC and OB 53 by Pw1. the charge sheet was their answer to investigations. The accounts of Counsel Mose were flagged and currently preserved as per court order. The account belongs to a law firm. Davis approached Mose vide power of attorney /authorisation. Sanjola were the contracting company. It is a Ugandan company. accused acted solely in this transaction. The signature is for accused. Accused had different identities. Patrick, Gabriel all the alias. Complainant identified accused positively. The agreement had an attached passport Exhibit 7. Second sale agreement P.105.6505/06 Mose Stephen Nyaiga. Copy of passport AK0069656 Mose Stephen Nyaiga. The withdrawal in the statement even the 10000USD were handed to accused. Mose was withdrawing the money in cash to give to the accused person. The USD account was the transactional account Exhibit 117. He gave an advance loan of 49000USD during the transaction to commence as per the agreement. He said it was his money. It is signed by both parties the 50500USD was not contested. Accused signed the contract. Packages was in barrels. They had agreed to pack in metallic containers. One container had contents packed in metallic drums. The photos show that the materials were in gunny bags. The containers and contract read October 2nd.November 9th and shipped in December 2023. The seal was fixed on 23/6/2/023 yet once broken cannot be used. Cross-stuffing exercise done yet this 31 | P a g e

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can only be done when the container is opened and then the container shipped in December. He testified that when the containers were scanned in China, the victim herein was suspected of money laundering and she had the containers scanned and this unveiled many inconsistencies during the scanning in China. She started calling the bank frantically for her refund. The intended seller was the accused person and the victim the buyer, Clause 8 Exhibit 7 account information of both parties Clause 8;1 The advocate was acting for both parties. The parties largely communicated through emails from complainant to accused and vice versa. the money hit the advocate’s account and then transferred to accused 270000USD and 10000USD Exhibit 4 28000 tonnes of raw titanium. The complainant initially wanted 10000 tonnes but accused convinced her to avoid stiff penalties at the port. The escrow account was a neutral account which was to release money to the seller 10000 and 270000USD had been withdrawn and utilised. Certificate of origin was from escrow lawyer and complainant. He testified that on 15.3.2024 when he and his colleagues acting upon investigations underway recovered one forty container TCLU 8755716 browns in colour have seal 8058920 which was yellow in colour MFI-27. Second seal custom seal no.0008887 silver metallic MFI-28. Third seal white in colour serial no 4383260 MFI-29. Fourth seal container had 90 metallic drums of different colours and were all stuffed which were unknown to them. One seal CCICAFOO4303 white in colour MFI-30. 32 | P a g e

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Inventory done in the presence of colleagues, customs, KRA and Ministry of Mining dated 15.3.2024 drawn 1630hours -MFI-31. Container is before court TCLU8755716 -MFI-22 Exhibit 22 MFI-27 -31 Exhibit 27-31. Photograph report MSA/DCI/CSA/10/vol1/33/2024 dated 23.3.2024 40 photos relating to two containers. fi SEGU 2397370 fi TEMU 0431657 The photos were taken by the scene of crime Klain Kulicho gazetted 5548 dated 30.6.2015 Exhibit 142 -1-40. Accused person positively identified in court. PW14 a/s/s adult male Christian English Stephen Oloo Otieno. He testified that he lives in Mombasa for the last 25 years and that he is the operation manager C-Stanwick Bridge (K) Limited. He testified that he oversees goods that are coming in and out. That on the first week of October ,2022 they received a truck from Uganda, one Gabriel contacted them from the same company. He was the shipper. Accused person positively identified before court. Identified track no KCF 002N/ZF2497. I by 40-foot container no TGBU 936506 (VIII). The consignment was delivered irregularly TI entry from Uganda, he testified that he was published with a copy of the same. D44075 of 2022 dated 18.8.2022. The cargo was of mineral as indicated. Consignee was Patrick Ulundu Lumumba. Consignee -Blue Quest Trading Limited. He testified that this was not correct clearing. They advised him to register proper entry MFI-32. 33 | P a g e

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First entry was 22MRATR 804355448 Kenya -Mombasa. He testified that it also meant for Country for exit. He testified that they rejected it MFI-33. He testified that they registered appropriate 22MALTR800472261. He testified that their warehouse is a transit one dated 4.10.2022 MFI-34. Forwarder was not theirs’s and thus they did not have the entry. He testified that they wrote to enforcement and confirmed in writing vide email. He testified that they gave them the right to proceed and they offloaded the same. He testified that they were jumbo bags with small packets. They offloaded and kept cargo in ware housing. The shipper was throughout during the process. There was request to repackaging the same. The repackaging in drums was best and done in presence of shipper. He testified that they did it in 139 drums and sealed and welded the same Inward and outward container. Outward 18.7.2023 MFI-35 (a), (b), (c). Number of drums, tonnage. He testified that it came in October, 2022 left in July ,2023. It was meant that it goes to Port. First attempt it did not go. Second attempt they went to Bolore. Consignee was indicated as Blue Quest who went to sample the same but abandoned the same as it did not match the quality they were looking at. Shipper bought in other buyers who were unknown to them. He testified that they were running at a loss with this cargo not exiting they asked him to move it out as they were not getting revenue if it stayed for long. Other potential buyer P. O Logistics Sanjola belongs to Gabriel (accused). They came across cancellation of transfer of ownership 34 | P a g e

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San Jola Limited to P. O Logistics. It was addressed to C.Sterwerg Group and their company dated 11.4.2023 MFI 36 .He testified that they still have custody of these goods .Shipper was the accused herein . That on 24.2.2023 they wrote to Kilundu to request for transfer. Gabriel (accused) wrote to him. Email trends MFI-37 Sanjola and Ramit Limited are owner of the goods. He testified that they got a court order by Kizito Magere Judge. Sanjola limited, P.O limited respondent HCCC/MISC/E111/2023 to refrain the same. He testified that the shipper gave them the order dated 3.5.2023 MFI-38. Eventually they dispatched the cargo. the shipper requested them to release the shipper SEGU 3374174, SEGU2397370 and TEMU 0431657 to Bolore warehouse transit warehouse transit TM8A017 for rebranding. Warehouse code 201 dated 17.7.2023 MFI-39. He testified that they wrote to KRA to seek authority. They loaded the 139 drums in three containers. fi SEGU3374174 -46 drums I by 20 feet titanite. fi TEMU 0431657 46 DRUMS Titanite 1 by 20 feet. fi SEGU 2397370 47 drums of titanite. They are all 20 feet. He testified that they were moved to Bolore, the shipper was dealing directly with buyer. He testified that the shipper was dealing directly with the buyer. He testified that they did two sampling and the initial test was not done as expected and the second too. Ugandan entry and Kenyan entry, Certificate of electronic evidence MFI-32-35 Exhibit 32-35. 35 | P a g e

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SEGU 2397370 one by 20. The drums were similar and contents therein. Accused positively identified before court. He testified that they lastly dealt with accused on 18.7.2023. Movement to Bolore was in 2023. The drums were procured by the shipper. The two containers were not similar. He testified that what they saw in sampling was different. He testified that they have zero knowledge of the quality. He testified that they advised them on early requirements for them to receive them as KRA regulations. Transit bonded house is per KRA rules and regulations. He testified that they handled. fi SEGU 3374174 20 feet -46 drums fi TEMU 0431657 20 feet 46 drums fi SEGU 2397370 20 Feet 47 drums He testified that they sealed from them to Bolore. PW15 a/s/s adult male Christian English Jared Ogadho Ndero. He testified that he stays in Chuda and works in a tea exporting company. That in 2023 he avers that he was working at African Global Logistics AGL heading the export department as an export manager. He testified that he was to oversee the export processes in Northern corridor. That on 18.7.2023 they received a communication from KRA enforcement via an email dated 18.7.2023 to AGL formerly Bolore MFI-41. Contents were approval for storage and rebranding dated 17.7.2023 from San Jola to them MFI-42. He testified that it is under KRA control so they gave them rates for 30 days that they had requested. Email is dated 20.7.2023. San Jola confirming 30 days storage MFI-43. 36 | P a g e

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He testified that they gave him their proforma invoice dated 20.7.2023 MFI-44. Charges were 1050 USD and the accused did not pay, he promised to pay but he never paid. fi SEGU 2397370 fi SEGU 3374174 fi TEMU 0431657 The above were loaded with seals. He testified that he never interacted with the shipper as he was only engaging administratively. 1. Truck KAN735A trailer ZB 3830 delivered TEMU 0431657 Paul Dickens I.D 8014645 2. Truck KBJ 289K trailer ZB 3933 SUGU 2397370 Driver Bernard Langat I.D no 21935873 3. KAU 898H ZB9142 SEGU 3374174 Augustine Mokaya I. D no 25373231. The mineral contained was Titanium. PW15 testified that accused eventually paid after three months. Second invoice 3000USD dated 5.10.2023 90 days custody MFI-45. He paid MFI 43 POP 3000USD Equity Bank 16.11.2023 MFI-46 He testified that on 19.10.2023 they had three KRA officials for investigations who visited their site, Laban Koome, Afia Abdalla and Catherine Mutisya. He avers that it is normal procedure to seek with the security manager for permission. They checked and placed their security F89 serial number 010401 to hold cargo until they give clearance by them. F89-01004 MFI-47 KRA seal 0328508 FOR TEMU 0431657. KRA seal 0328510 for SEGU 2397370 KRA seal 0328509 for SEGU3374173 37 | P a g e

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He testified that they got officers to sample the contents. Laban Koome, John Mwau, Loisa Ngile. They were accompanied by accused on 21.11.2023 and PW15 testified that he was present. They went to the yard and withdrew samples (Three tins of sample). He testified that he was meeting accused for the first time. Accused positively identified before court. That on 21.11.2023 was sample taking. On 22.11.2023 they received an email from Bernard -KRA that F-89(has been relaxed. That they can deliver the cargo to the owner. He testified that they never got the results of the tests. On 23.11.2023 Sanjola wrote them an email to release his cargo and share truck details. fi KBJ 289K Trailer B 3933 Driver Bernard Langat. I.D 21935874 -SEGU 2397370. fi KAU 899H trailer ZB9142 -SEGU 3374174 Augustine Mokaya I. D NO 25773231 KAN 733A ZB3830 Paul Dickens. I.D NO.8014645. He testified that they received the trucks KAN 753A trailer ZB3830 Paul Dickens -TEMU 0431657. He testified that they left their yard and they allowed them in their yard for storage and rebranding but they never rebranding. CIC Africa no tests were taken. On the 31.10.2023 two people Patrick Njuguna and Wujun (Chinese)requested for samples and they were directed to KRA for their queues. That when KRA took samples the containers were opened and closed. fi TEMU 0431657 and a new seal placed 000883 fi SEGU 3374174 new seal 000882 fi SEGU 2397370 new seal 000884 This was after samples were withdrawn. 38 | P a g e

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Certificate of electronic evidence Exhibit 43. He testified that he did a further statement to the police. He testified that the gate pass is not theirs and they had changed in March ,2023. Letter head is Bolore, stamp AGN(K) -MFI-49. Accused person positively identified before court. He further testified that the containers were opened and the drums had something like brown soil. But he avers that he does not know where the containers came from. He testified that the transit is controlled by KRA. That KRA authorises them to receive the documents M16 entry from KRA. He testified that he was only doing storage and goods were thus allowed to load out. The trucks are procured by the shipper who is the accused person herein. He testified that they have a resident customs officer. PW16 a/s/s adult male English Christian. Owen Kesino Kwalia. He testified that he lives in Nyali and that he is a tax administrator and works with KRA. He avers that his job description involves being the head of investigation in Southern Region. That they investigate tax crimes and tax frauds. That on 16.10.2023 he received a call (intelligence)of suspicious containers from DRC. He testified that he talked to his manager customs investigation to send officers to trace the containers which was at MTC. Mombasa-Mombasa Container Terminal and they put a hold F89 customer document and sealed the container. He testified that they never got them at MTC but at AGL formerly Borole where they were found. They placed a F89 and sealed the containers dated 19.10.2023 serial no 010401 MFI-47. He avers that after a month they received an email from Sanjola and ready for verification and he PW16 sent officers to do the verification. Samples were taken. That on 21.11.2023 accused went to their office with documents from Uganda. Customs documents from Uganda 39 | P a g e

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enroute to Uganda -raw titanium and that he asked them to relax the holding. He testified that their role as customs was to facilitate trade and that they allowed the exporter to continue. He testified that his team reported to him that they had seen black soil but he admits that he did not investigate the CCIU Africa Limited certificate. He further testified that he did not get their laboratory report and that he would still release the documents. he met accused on the fateful day. Accused positively identified before court. Pw16 admits that the substance was black soil and avers that accused mis declared. He testified that he stopped investigation and that he did not call the Ugandan investigation at their revenue department. He testified that he looked at the customers document from Uganda and believed that the ore is titanium to date. fi SEGU 2397370 fi TEMU 0431657 fi SEGU 3374174 He testified that they held the container and they relaxed the container. he testified that he does noy engage with enforcement but he testified that he communicated the relaxation. Documentation and that he had no reason to doubt. He testified that he believed that the mineral was titanium and he still believes it is and that by the time they were relaxing the lab results the same had not been released. He further avers that he is not aware that the exhibits reached China but three containers are still here in Kenya. He further avers that he has not seen the test results but he believed the test results and documents from Uganda. PW17 a/s/s adult male Christian English. Bernard Thenge Muriva. He testified that he is the assistant manager KRA and that he used to be investigation in 2023. That his job duties 40 | P a g e

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were receiving tax from superiors. That on 19.10.2023 his supervisor Mr.Owen Kwalia allocated him duties and that their were containers lying somewhere at AGL . That he went to the scene at AGL and secured the containers and sent Laban Koome and Catherine Mutisya. He further testified that the owner went to him and that he did an email as per his boss Mr.Owen . Laban and Catherine issued F89 and he lifted the F89. he testified that he had not gotten the samples result and never received that at all. He further testified that he was to look into the matter in a detailed way and did not send anyone to the lab. He however sent people to confirm what was on the ground. The two officers were KRA officers and customs officers. He testified that he advised Mr.Owen Pw17 as per the report on the ground. PW18 a/s/s adult female Christian English She testified that she works for KRA as a supervisor investigations and enforcement department and that her duties include tax investigation, domestic and customs. That on 19.10.2023 she was in the office and she was instructed by her boss Bernard Mwiva together with Laban Koome to go to AGL to issue an F89 notice to deposit goods into customs ware house to three containers. She testified that she prepared this 010401 dated 19.10.2023 and it captured. fi SEGU 2397370 fi TEMU 0431657 fi SEGU 3374174 F89 MFI -47 Exhibit 47 and they issued to AGL and they requested to get an email from her boss. They were pending investigation. She 41 | P a g e

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testified that they only issued F49. She testified that she does not know accused person before court. She further confirms that AGL is a bonded warehouse and that the F89 was pending investigation. She avers that she was not the investigator and that she was not present when the container was opened. PW19 a/s/s adult male English Christian. Laban Koome Mathanduku. He testified that he works for KRA as a supervisor under investigations and enforcement unit. That on 19.10.2023 he testified that he was at work when Catherine and himself were called by their boss to go and cite containers at MCT and they were issued with F89. He testified that they found the container at AGL and not MCT. He testified that they met Jared Ndero who was the manager and he told them to get security clearance in their department. They did so and issued a F89 after citing them and put seals. fi TEGU 100431657 -0328508 fi SEGU 2397370-0328510 fi SEGU 3374174-0328509 They instructed the in charge that the containers be kept safe and the owner to visit their offices. That on 20th. November they were given instruction by the in-charge Bernard Mwivu to do verification on 21st. November, 2023.He testified he was accompanied by their testing officer John Mwau and their intern called Louisa. That on 19.10.2023 during the brief they were informed that the containers could be gold and their instructions was to confirm as much. The warehouse manager, the security person and the shipper were available i.e. the accused person. 42 | P a g e

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Accused person positively identified before court. He testified that that broke the seal and they confirmed the same with the entire team. They broke the containers and they found drums. fi SEGU 2397370 -40 drums fi TEMU 0431657 -38 drums fi SEGU 3374174 38 drums All the drums were fully sealed. the testing officer decided to sample the material randomly. They put a hole in three containers. From a lay man’s view it looked like soil. After extraction from the drums, they sealed the three containers with new seals. fi SEGU 2397370-0008844 fi TEMU 0431657-0008883 fi SEGU 03374174 -0008882 They went back to the office to give a brief and he told his supervisor Bernard Pw17 that what he saw was black soil. they had taken photos on site. They left at that as end of assignment. He testified that he only went to release that F89 was relaxed. Verification is for the investigator on the site. He testified that he went to AGL under instruction and after analysis the report was sent to his bosses. The assignment is a multi -agency team including the owner of the container. the testing officer took the samples. They were enforcing the container. The second time they were verifying. Pw20 a/s/s adult Christian English Loisa Karimi Ngile. She testified that she lives in Mombasa, Bamburi. That in 2023 she was an intern at KRA attached at customs and tax department and other assigned duty. She testified that she was an intern for two years. That on 21st. November ,2023 she was present 43 | P a g e

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during the verification and her supervisor Laban. She testified that she witnesses the verification and sealing exercise. Pw21 a/s/s adult male Christian English. Mathew Ondiri. He testified that he works for KRA as an enforcement officer. That in 2022 he was working here in Mombasa but currently in Migori. That on 7.10.2022 he testified that he was with the manager enforcement officer Mr.Kinyajui when he received an email from Steve Otieno TMSA201 Changamwe TMSA operator informed them of a truck within the facility at the gate and he needed guidance from their office . He quoted entry number 22MALTR 800472261. He checked in their system ICSM system and saw it was Mlaba. He confirmed County clearance and forwarding Limited registration on 4.10.2022 Email thread 7.10.2022 MFI -50 Exhibit 50. He testified that he advised the agent to allow goods into his facility as it was a compliant. He avers that the same day they consulted with joint port control unit and they discussed with them. The officer started the background check which comprises DCI, forestry, mining, KRA. The confirmed that the goods are strategic goods. On 6.10.2022 they started discussion and they replied his email. The agent wanted to sample the cargo and they allowed them to do the operation. Strategic use means positive or negative use. He testified that they needed a proper control in the same. The receiver was Blue Quest trading Shangai Limited and consigner was Ulundu Patrick Lumumba. He testified that Hamus Barack was advising him. They advised yard operator to his premise and he did not advise the strategic goods. It was mentioned as titanium ore. Country of origin was Uganda. He testified that he only relied to this entry form availed to them and he replied to email dated 7.10.2022. 44 | P a g e

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The goods were allowed in the yard. The agent accused person wanted to access his cargo while at the facility and he referred him to APCU office and they allowed him to draw the samples for packaging and relabelling on 25.4.2023. They got an email from Sanjola and it was indicated in the email that the goods were still at TMSA201. He wanted to remove the containers from 40 feet to 20 feet TGBU9365068 and to smaller container. fi TEMU 0281304 fi SEGU 1758967 fi SEGU 2490020 He testified that they escalated to their JBCU team who said that they had no objection to the process. The entry allows them to carry other processes while at TMSA. In July 2023 the same team wrote an email dated 18.7.2023 to transfer container to Bolore warehouse. the email was advised accordingly. He came to the office. Accused positively identified before court and he advised him to wait for the clearing agent and added the agent Joseph Mutugi as the clearing agent. He advised that the facility was not well equipped enough for rebranding and repackaging. Letter is 17.7.2023 from Sanjola to Manager KRA. Enforcement MFI51 Exhibit 51. It was attached to email. In November 2023 they undertook the normal procedure but he was informed that F89 had been issued thus a stop order and thereafter relaxed. He testified that he communicated to the officer at Bolore. Angela Kariuki and she confirmed that it had been lifted and this was the last communication they had. The facilities are adjacent to each other and owed by the same person. 45 | P a g e

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He testified that they allowed the request. They had a low stuffing facility. The email is dated 23.11.2023. Electronic certificate Exhibit 52. Request was vide a thread emails. They were three containers. It was procedural as per the custom laws, he positively identified the accused person before court. He testified that he dealt with fi SEGU 2490020 fi SEGU 3374174 fi TEMU 0281304 He testified that they were for repacking and rebranding. PW22 a/s/s adult male Christian Kiswahili David Ochieng’ Olweny. He testified that he lives in Magonga and that he is a truck driver and employed by Welkin. That in 2023 he was working herein as a driver KBD 902Y make Mercedes Benz trailer no ZB 1286. He testified that he was to transport luggage for CFS from regional to other destinations and that he had to have a port pass to do so thus no .203055. He was given in 2023 renewable after every two years. That on 30.5.2023 he was at work when he was called by someone, he did not know 0702182318.He said that he had work from Awanad to MCT and that he would pay. He avers that he was to carry two containers and was to be paid 10000/-Kshs. each container thus Kshs.20000/One was TEMU 0281304 and another SEGU 2490020. He testified that he took them to MCT. There was a top loader. they were already loaded and sealed. He confirms that he was paid 20000/- via mpesa and he avers that he has never met him since then. Accused person positively identified before court. 46 | P a g e

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PW 23 a/s/s adult male Christian English John Musili Mwau. He testified that he lives in Mombasa and works for KRA and that he is an analyst Senior Chemist at KRA, Mombasa. That in 2023 he conducted and computed samples to the Central Laboratory. He testified he has a graduate in Bachelor of Science Analytical Chemistry. That on 20.11.2023 he received a request for sampling from AGL. He testified that he was picked by the I. O and he proceeded to the scene. The I. O was Laban Koome and the driver. He testified that they met the owner of the consignment. Accused person positively identified before court. He was the agent. He testified that they wore PPE’s The three containers were in place. fi SEGU 3374174 fi SEGU 2397370 fi TEMU 0431657 He testified that they went to the site with the CFS. The containers were intact, the seals cut by person responsible and they were metallic drums. fi TEMU-38 DRUMS fi SEGU 2397370 -40 DRUMS fi SEGU -337174 38 DRUMS He testified that the were all uniform metallic drums. He testified that he went with the best sampling procedure, he sampled the front, middle and back for each container. They marked the sample container and proceeded to sign with the sampling officer and agent. They were transported to Nairobi. The sample sheet is dated 21.11.2023 Exhibit 53. Substance to be tested is raw titanium. 47 | P a g e

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He testified he sampled 9. Three from each container. fi TEMU drum 1 exhibit 56(a) fi TEMU drum 2 Exhibit 56 (b) fi TEMU drum 3 Exhibit 56(c) fi SEGU drum 1 Exhibit 54 (a) fi SEGU drum 2 Exhibit 54(b) fi SEGU drum 3 Exhibit 54(c) fi SEGU drum 1 Exhibit 55 (a) fi SEGU drum 2 Exhibit 55(b) fi SEGU drum 3 Exhibit 55(c) He testified that they took them to Times Towers and that was the end of his job. He testified that it was raw titanium ore. TA PW24 a/s/s adult male Christian English Zephaniah Ochieng’ Ogutu He testified that he lives in Nairobi and an officer with KRA analytical scientist and has a BSc Analytical Chemistry. He testified that he has been in this job for 7 years. He testified that he received samples from Mombasa dated 21.11.2023 Exhibit 54,55,56 and he aver that he was to do chemical analyses and give a tariff classification. He testified that he was required to identify the ore. he scanned for qualitative analyses and quantitative and got nine samples and gave a unique number and captured all containers. 1. Drum 1 fi TEMU 0431657 EXHIBIT 57(a), (b). (c) fi 71.82%silica fi 11.69 %aluminium fi 3.96% magnesium fi 2.92%iron fi Nil titanium He testified that this was clay sand composite and course particles. 48 | P a g e

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2. Drum2 fi Silica 70.94% fi Aluminium 11.36% fi Magnesium 4.51% fi Iron 6,09% fi Potassium 2.26% fi NIL Titanium fi It was clay sand 3. Drum 3 fi Silica 70.35% fi Aluminium 11.56% fi Magnesium 4.92% fi Iron 6.0% fi Potassium 2.27% fi Titanium -NIL fi Substance was clay 4. SEGU 3374174 Exhibit 58 (a), (b) and (c) DRUM 4 fi Silica 70.33% fi Aluminium 11.04% fi Magnesium 6.68 % fi Iron 5.32% fi Potassium 2.34% fi Titanium -NIL fi Substance was clay 5. Drum 5 fi Brown black fine particles and homogenous fi titanium 46.19% fi Niobium 21.22% fi Iron 13.94 % fi Magnesium 7.2% 49 | P a g e

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fi Sample of a characteristic of titanium 6. Drum6 fi Silicon 74.62% fi Aluminium 11.55% fi Magnesium 3.18% fi Iron 3.5% fi Potassium 2.44% fi Dark brown and fine particles fi titanium -NIL fi Clay sand was the substance Segu 2397370 Exhibit 59(a), (b), (c) 7. Drum7 fi Silica 70.86% fi Aluminium 11.88% fi Magnesium 6.65% fi Iron 3.32% fi Potassium 3.32% fi titanium NIL fi Clay sand and appearance was dark brown and fine particles 8. Drum8 fi Silicon 73.69% fi Aluminium 11.38% fi Magnesium 4.95% fi Iron 3.23% fi Potassium 2.28% fi Dark, brown and fine particles fi Titanium -NIL 9. Drum 9 fi Dark brown fine and course particles fi Silica 74.86% fi Magnesium 3.24% 50 | P a g e

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fi Iron 3.2% fi Potassium 2.56% fi Titanium -NIL fi Appearance dark brown and fine particles fi Clay sand He testified that only one had titanium contents out of the nine. He testified that he signed the report with the Chief manger Dr.Jaro Arero and Manger Fred Isaboke . Report is dated 12.1.2024 Exhibit 57 He further testified that titanium and tantalum are different. One is an oxide. The ore is a natural source. If titanium ore is found you will detect them in examination. He testified that they were looking for TA which does not appear as a single element. TA is an element. he testified that they analysed the nine samples and only found titanium in one. The results were variance and it is tied to the sampling and he has expressed it as a percentage. TA was nil and was his subject analysis and further he used their methodology which was the best under the circumstances. Analysis as per PW24 was the best methodology under the circumstances though it was not indicated. He avers that they had to maintain the integrity of the sample and that they subjected it to xray. The composition was not changed during the analysis. Ash content was the organic sampling and that three is enough to make a conclusion and decision as the case may be. PW25 a/s/s adult English Christian male adult Jim Opiyo Olum. He testified that he works for Rais shipping services Limited as a sales manager Mombasa and that they are in the business of sea freight and sea services. that he converses the import and export business and that on 20.4.2023 he was ta work in the office when he received an email from Shariff Shipping agency. 51 | P a g e

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Email threads MFI-60 which he testified that they do the same business as them. That they were inquiring of cargo going to China and placed a container. They did not have the services due to lack of vessels to China, Japan and he avers that he would do the same if he lacked the vessels. PW25 avers that they were allowed to do freight forward. They did ship application details are shipper, exporter, addresses, consignor, buyer, consignee, receiver of goods, notifying party, details ships to be loaded on, description of goods. Shipper was Sanjola. Consignee’s: Bolore Logistics, Location was China as advised. Ship MV Battik North. 3 by 20 containers ,113 drums of raw titanium ore 45000kgs.Shipping application MFI-61. Booking note led to as hipping order dated 20.4.2023 MFI-62 and 63. Shipping order is by exported to use while exporting the cargo. Shariff Shipping agency is the exporter and they needed the empty containers. The containers were collected from Hakika. Shariff gave them truck details. They were three containers: fi Driver’s number fi Truck registration number fi Their various I. D’s All was in the email The two trucks were to collect the containers and one container was released on 20.4.2023 SEGU 2490020 registered. KAN 753A ZB 3830 at 8.30pm Paul Dickens I.D .8014645 dated 22.4.2023 TEMU 0281304, KAS 653C ZB240 Driver Joseph I.D 29047906 at 2pm. 52 | P a g e

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SEGU 3374174 17.7.2023 KAU 898H ZB 9142A Mokama I.D 25373231 all collected from Hakiki Transport IRI containers booking party, trucks and ID dated April 2023, July 2023 MFI-64(a), (b), (c). Containers were delivered to port. position slips acknowledgement by Kenya Ports Authority dated 26.11.2023 ,25.11.2023 -MFI-65 (a), (b) and (c). Container numbers are captured. Exempts of KWATOS MFI-66 (a), (b) and (c). They then issued a bill of lading waiting for the cargo to be loaded after shipping instruction. Shipper: San Jola consignee Consigner Yancheng Shenzhen International Company -MFI-67 Destination Guangzhou. Particulars of containers and seal numbers and description of goods and weight. fi TEMU 02813O4 KMTC 1062984 fi SEGU 2490020 KMTC 1062983 fi SEGU 3374174 KMTC 1057864 Seal number and copy of bill of lading Exhibit 68 He testified that it was then that they raise their charges to the exporter by issuing their invoices. Invoice 1.12.2023 issued to the booking partyMFI-69 (a), (b). Invoice was settled. receipt 1.12.2023 MFI-70. Then then issues a bill of lading dated 22.12.2023 and received an email instruction that the cargo should be recalled back to Mombasa. The email was from Shariff. It was late and the cargo was almost arriving. 53 | P a g e

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They inquired on the reverse logistics and the email was on payment by the shipper. They gave them the charges and quote. The goods were never returned and discharged at Nanshan, China. email threads MFI-60 ,67,68,69,70 -Exhibit60- 67,69-70. he testified that he had not interacted with the shipper before. The containers were picked in April and July. The vessel had sailed and they pushed Sharaf on what was happening as this meant loss of money. Accused positively identified before court. he testified that there three containers have not been returned in China. That on 27.11.2023 they wrote to Michelle PW1. On 6.1.2024 Pw1 wrote an email MFI-71 Electronic certificate Exhibit 72 She was disputing the goods in the bill of lading. He testified that they have three containers in Dubai which have not been cleared and he has seen two blue containers today and they are claiming eight containers which the shipper accused has not returned. Three in Nasha uncleared and under dispute and two here at home. The manifest was registered to the government of China. He testified that he received an email on the dispute but he does not know when the seals were changed. He however confirms that the seals belong to them. It is not possible to release the goods without a bill of lading. There are standing guarding principals. Once the cargo lands it is no longer in their custody. He confirms his electronic document. Pw26 a/s/s adult Christian English female Maureen Atieno Shirako. She testified that she resides in Bamburi and does business. She avers that in 2019 she was approached by her husband Gilbert Juma Kitenge who is a Congolese concerning a 54 | P a g e

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business involving her car KCS 006P Nissan Serena silver in colour. the business was to hire the car and the driver. The agreement was between the guy and her husband and it was 5000/- per day. She testified that she never met the person at all. her husband told her it was a friend. The person used it for sometime and she got 30000/- initially. Total was Kshs.280000/- that he got but she never met the client and she does not know the accused person. Pw27 a/s/s adult Kiswahili male Christian Gilbert Kitenge Aljmasi. He testified that he knows Maureen Atieno who is his wife .and that he is Congolese. He testified that he came to Kenya in 1997. That in May ,2023 his brother Alphonse Kambale called him from Congo and wanted him to assist a friend from Congo. he was called Patrick Lumumba also a Congolese. He testified that Patrick went and he assisted him to settle at Impala Apartment. He received him from Moi International airport. He testified that he requested his wife if he could hire the car for him at a fee. He testified that he agreed to be the driver to the accused person throughout. He said he would pay 5000/- per day and it was on trust and he paid and fuelled the car all through. He took him to the destinations he sought. He took him to the warehouse. MTC, Bolore and others. He testified that accused left after a month and a few weeks. He paid Kshs.230000/- and still owes him money but they had no contract. Accused person positively identified before court. He testified he holds no grudge against the accused. Pw28 a/s/s adult male Christian English Victor Mwarambu .he testified that he lives in Bamburi and works for Shariff Shipping as a sales and marketing officer .That they offer services for both imports and exports .That in 2023 they received a customer early in 2023 and the customer was brought by a 55 | P a g e

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colleague, the customer was Sanjola .He testified that they wanted to use their shipping line .They looked for comparative prices with KMTC and he was meeting the customer for the first time .Accused person positively identified before court .They secured rates from KMTC then and they shared with the customers . It was Rais Shipping Company. Certificate of incorporation. The forwarder supplied them. His colleagues Joseph Kanisa took over and he was only to follow up payments. The client paid up. The exchanged emails with the shipper who is Sanjola. he wrote to them that the cargo should remain on board. They told him the procedure of how to address the same. Letter dated 22.12.2023 MFI-72. He mentioned he had an issue with the consignee. It is allowed to recall cargo when a customer has a dispute with payments. He testified that he did not have a bill of lading then. He testified that his colleague handles the documentation. Email threads MFI-73. Electronic certificate MFI-74 MFI-72. He testified he had not done any business with Sanjola before. His name is Gabriel and Sanjola is the company that they traded with. He testified that a shipper has an upper hand and it is a practise under maritime law. That once the goods have reached the consignee they cease acting. It arrived on POD on 27/12/2023. They received instruction on 22.12.2023 and they responded on the same day. Exhibit 73 He avers that their part was to provide space. When there is a dispute, this can occur and the shipping line is liable. The container cannot be broken without legal procedures /proper documentation. Original bill of lading is key and delivery order. He testified that he was in copy of the email and he acted upon the email. He signed the electronic certificate on 3.12.2023. 56 | P a g e

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The certificate is to legally bind the documents from the computer used. PW29 a/s/s male English Christian adult Joseph Safari Karisa. He testified that he lives in Miritini and works for Sharaff Shipping as a documentation and customer service officer. He testified that he gets inquiries from clients and advises them accordingly. That in May 2023 he got a call from Patrick the shipper (accused person herein) and he had known him before. Accused person positively identified before court. He avers he was on leave then and he asked him to contact his colleague and when he resumed he took over the file .he needed P1 for the company KRA pin number .They used another shipping line Rise Shipping Line .They proceeded to ask for the trucks .The containers were picked at Hakika Deport .If one picks a container today then it should leave by the following week .One I given 7-14 days to commence use .He had stayed for more than 107 days .They followed the containers and they found the at MCT . SEGU 175967 SEGU 2490020 He testified that he shipped out in 2023 and gave him a targeted vessel that was ready to load. They shared with him and approved. Carl Manila 456. They checked with KPA and they saw the status for three : fi SEGU 175967 fi SEGU 2490020 fi TEMU 02813004 They gave him a draft bill of lading and he approved the same. In mid-December 2023 he wrote an email that he wanted the container to be returned back. He did an official email. There were 57 | P a g e

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charges and they shared it with him. He sorted matter with the shipping line. The containers were offloaded at Nashan. He never picked the bill of lading. On 8.1.2024 they got the email that were offloaded in China. Email threads MFI-75. Shipping instruction. Draft bill of lading MFI-76 Exhibit 75 and 76. Electronic certificate Exhibit 77. He testified that he visited MTC. The containers were sealed. He further testified that each shipping agent has its own rule and it is indicated in the shipping order as per the maritime law. He testified that they can track any container worldwide by anyone. Pw30 a/s/s adult female English Christian Maureen Odhiambo. She testified that she works with MTC as the assistant manager in charge of documentation and customer services in 2023 she was holding the same position. She testified that this being an export consignment they must have a shipping order entry and that charges are duly paid. On 16.11.2023 he was at work and on of their clients Patrick Lumumba approached them. Accused positively identified before court. fi SEGU 2490020 fi TEMU 0281304 He testified that they proceeded and gave him charges. They gave him a proforma invoice 5692 USD. the containers had been in their yard for long since 30.5.2023 and he paid the charges and he gave them a booking confirmation from Rais Shipping Services RSK23000734 Vessel was Lady Jane. He gave them two entries TEMU 0281304 23NBATR802214323. SEGU 2490020 23MBATR80221 2803. 58 | P a g e

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Shipper Ulundu Patrick Lumumba Consignee: Eco guard Energy Panama. he gave them the invoice and receipt and they issued a gate pass on 25.11.2023. Gate pass 772/2023 MFI-78. the containers left the yard on 25.11.2023 and he proceeded to the gate to finalise other processes. On 27.11.2023 Mr. Lumumba went to ask for another container SEGU 3374174 and issued the charges 150 USD. He paid the charges. Gate pass 77302023 dated 27.11.2023 MFI-79. The container left the same day, Shipping order ref. RSK 2300306. Shipper Sharaf; Shipping agency. Entry Patrick Ulundu Consignee: Eco guard Energy SA 16.12.2023, accused approached to release three containers, fi SEGU 2397370 fi TCLU 8755716 fi TEMU 0431657 He testified that they issued with charges 1784USD The containers had stayed in the yard for 34 days and he gave them a booking confirmation for evergreen shipping line booking reference 32130006244. Export entry no.23MALTR800505441 San Jola Company Limited. Shipper, consignee, Quangdong Rising Rare meta. TCLU 8755716 charges for all three containers 771/2023 MFI-80. The only container which exited was the one with an entry and it exited on 16.11.2023. That on 7.2.2024 they got visitors from DCI advising that they had containers in their yard under investigation and they recorded their statement with the police. They had export entries MFI-78,79 and 80 59 | P a g e

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Electronic certificate Exhibit 81 PW31 a/s/s adult male Christian English Emmanuel Mwaseru. He was assistant supervisor MCT currently. he testified that he is working in shipping and his duties are receiving, handling of units, managing containers, stuffing. That on 30.5.2023 he was on duty when they received two containers fi TEMU 0281304 fi SEGU 2490020 He testified that they received them from Patrick Lumumba .Accused positively identified before court .he testified that they received the containers in the yard .After days they got instructions from accused to open and repackage .they were bags of sand what he saw .They were to remove the sand and dry it out and then receive drums which they were to refill .The owner Mr. Patrick was present .They filled the drums and took them in containers .Some people went with Patrick and took samples .That on 24.10.2023 they received another consignment no TCLU 8757516 container had cargo . On 18.11.2023 his supervisor who was proceeding on leave and the three containers were placed down. Cargo is 40 feet and switched into 20 feet each. The same cargo was in. They were in drums in export area same cargo. The shipper was present. On 23.11.2023 he got a call from Mr.Muthengi and his current manager and told him that they were to receive the three containers and it was authorised . SEGU 2397370 TEMU 0431657 SEGU 3374174. They received the containers. on 25.11.2023 the two containers 60 | P a g e

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SEGU 2490020 and TEMU 0281304 which entered in May. On 27.11.2023 SEGU 3374174 It was received stored and exited. On 16.12.2023he exited the 40 feet container TCLU 8755716. The two remaining containers. TEMU 0431657. SEGU 2397370 They were taken by DCI on 7.2.2024 Yard container status. Exhibit 82. Witness form is issued by KRA and he signed it and KRA officer dated 23.11.2023 Exhibit - 83 and Exhibit 84. Electronic certificate Exhibit 85 Accused person positively identified before court. He testified that he is familiar with some of the laws and that he deputises his supervisor and instruction. He testified that they do stock check and that all their advice is from KRA approval. They received three stuffed containers. That on 30 .5 .2023 they destuffed and stuffed it and they handled two containers. DMFI-5(a)-(d) DMFI-5(e) 22.6.2023 He testified that he cannot recall the exact day DMFI-6 (a) This was the package. PW32 a/s/s adult male Christian English George Muchori Muya. I.D 12441721. He testified that he resides at Mugadiri area in Mombasa and works in Mombasa Container Terminal MCT CFS and extension of KPA. He testified that they have custody of the cargo not paid on duty. All government agencies are present. He testified that he works as a yard operations supervisor. That he joined MCT in 2008. In 2023 he testified that he was on duty on 18.11.2023 at (am when accused who was known to him and positively identified before court. 61 | P a g e

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SEGU 2490020 TEMU 0281304 40 container TCLU 8755716. They referred him to the border offices KRA customs and he went with an official. He was present. security and KRA official and the accused shipper himself. The seals were broken. The unstuffed the cargo .2 by 20 transferred to the 40 feet and vice versa. They then sealed the containers RSK23000734. 0281304 RSK 2300734 40 FEET8755716 -070436 That on 25.11.2023 the delivery of 2 by 20 were exited from their yard and the last was December 2023, He testified he recorded his statement on the issue of the containers. He testified that they are an extension of KPA and they are allowed to receive coded container. He testified that he does not know accused. He testified that their yard is CFS (Container Freight Station) and that cross stuffing can happen in a bonded warehouse. MFI-86 PW33 a/s/s adult male Islam English Hamis Barak Hamis. He testified that he lives in Mombasa and works for KRA at the Multi agency unit joint point control unit JPCU. He testified that they have 8 units KRA, NPS, KPA, KFS, KWS, NID, KFS and now with Mines and Geology. He testified he knows Mathew Ondiri PW21 as his colleague enforcement unit. He testified that he is the head of unit and that on 6.10.2023, Mathew wrote an email to him of a cargo from DRC and had titanium cargo dual usage. they requested for cross-stuffing and they responded via email. On 7.10.2022 the agent appeared and Mr.Ondiri guided the multi-agency and he did not know the agent before .He testified that he does not know accused person . PW34 a/s/s adult female Christian English. 62 | P a g e

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Hannah Mutekele Legal Manager Gulf Badr Group (K) Limited. She testified that it is an agent of Evergreen Shipping Line and that they received a letter dated 16.2.2024. MFI-87. Response letter Exhibit 88.They were requesting certified copies of 321300006244 Evergreen Line export cargo Sanjalo booked it and transport was to China and they forwarded the authority to release and released five containers for export .Bookings started in Uganda office and they had a lot of back and fourth with the client and they reported the matter to Kampala but only one container got to Kenya and the four still in Uganda .Exhibit 22 .She testified that she does not know accused person and he is yet to pay for the charges. Pw34 a/s/s adult Christian English male Evans Wanyama Wanyonyi Wachingo. He testified that he lives in Mombasa and he is a geologist with the Ministry of Mining and that he is an expert in Mineral exploitation, geophysics. BSc geology and currently doing MSc Applied and that he has done this for the last 8 yeads. Exhibit memo dated 8. 2.2024, DCI were informed of two containers. fi TEMU 0431657 fi SEGU 2373370 He testified that he witnessed the first container being opened and it had 46 metal drums. The second had 48 metal drums and he begun the sampling. He testified that he was accompanied by his colleague Philip Ndeng’u, Senior Sup. Inspector Mines Mombasa officer. There was a Tema from KRA and DCI headquarters who were supervising the exercise, it was amulti agency team. He testified that he did a random sampling and collected from five containers and he picked each container with a serial number, a total of eight samples. He recorded the results. Findings 63 | P a g e

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He avers that he took the samples to Nairobi -Madina Laboratories. Contents was silicate minerals rich in manganese and iron ore contrary to any titanium ore. There was no trace of titanium which is a radioactive component of titanite. Conclusion: Methodology process of the findings it was tabulated and attachment of all findings. It is scientific. Exhibit 89(a)-( e) Exhibit 90 (a)-(c). He prepared and signed the report Exhibit memo dated 8.2.2024 MFI-91 Exhibit 92. MFI-93 Exhibit memo =90 drums. 4 samples from the drums. Exhibit 94 (a)-Exhibit 94 (d) Findings: there was no traces of titanium or titanite. He testified that he signed the report Exhibit 95 PW36 a/s/s adult Kiswahili Christian female Phylis Chemuge Chebieret . She testified that she lives in Magonga and works for KRA border control office and that she is at the Port gate previously MCT border control office. That on 23.11.2023 he was at MTC and someone wanted to do a cross-stuffing when accused wanted to do so. fi SEGU 2490020 fi TEGU 0281304 fi TCLU 8755716 40 feet container. She testified that he wanted cross-stuffing which was allowed and is a normal occurrence. What was to be done is to remove from one container to another. The cargo was in drums and bags. Exhibit 83 and 84,’Witness form. She testified that she was present, George and accused. George signed and Patrick Exhibit 83 and 84. After that they took the cargo away, He later recorded statement with the DCI. 64 | P a g e

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Entry form 23MALTR800505441 TCLU8755716 40 feet container. It got in 20.10.2023 Malba. It did not have a code. MCT handles cross stuffing. Mitchel Cotts does not have capacity to handle export. She testified that she gave authorisation as it is part of her job description, accused person positively identified before court. She testified that the containers were sealed. Seals once broken cannot be sealed again. Exhibit 68 Bill of lading. They are three containers and with seals recorded. She testified that she authorised the cross-stuffing and accused was present. PW37 a/s/s adult male English Christian Thomas Kahindi Mwajije. He testified that he lives in Miritini and works at Hakika Transport Services. It is an empty container deport and they receive and release containers for loading and that he is the deport manager. In 2023 he testified that operation of the deport. On 6.4.2023 he received an email from Rais Shipping to release empty container. Email had release order herein attached. fi TEMU 5700954 MOTOR VEHICLE KAR 849R/ZC 2197 Driver Pius Kibitok 1.D.no 24449256 dated 6.4.2023. fi TEMU 3334033 motor vehicle KAN 753A Trailer no ZB 3830 Driver Paul Dickens I.D no 8014645 -dated 6.4.2023. fi FCIU 4394767 Motor vehicle KAR 849R Trailer no ZC219.Driver Pius Kibitok I.D.24449256 dated 6.4.2023. She testified that she released the containers on 20.4.2023 and they received an email from one Jim Opiyo. Rice Shipping Service. It was giving them instructions to release 3 by 20 empty container. It had truck details and attachment CRO/ref no dated 20.4.2023 ref no RSK RO 2340. 65 | P a g e

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fi SEGU 2490020. It was loaded on motor vehicle KAN 753A/ZB 3830 Driver details Paul Dickens .8014645 dated 20.4.2023. fi SEGU 1758967 motor vehicle KAN 753N Trailer no’s 3830 Driver details Paul Dickens I.D no 8014645. fi TEMU 0281304 motor vehicle KAS 653C trailer No.ZB 2460 Driver Joseph I.D no 2904706 . On 17.7.2023 he testified that he got an email from Thomas Juma to release 4 by 20 containers. There was an attachment of release order dated 17.7.2023 reference no RSKRO2370. First container SEGU 2397370 motor vehicle KAU 890H/ZB9142 driver Mokaya. I.D.no 25373231. Second container SEGU 3374174 motor vehicle registration KAU 898H Trailer no. ZB9142 driver A Mokama I.D no. 25373231. Third container TEMU 0431657 motor vehicle KAN 753A/ZB 3830 Driver Paul D.1.D. 8014648 . That they got instructions from Jim Opiyo to load 1 by 20 empty container and they were collecting container. SEGU 1758967. They sent Hakika truck KDJ 050X Driver Simon I. D no 2626208 dated 23.01.2021. Email threads and attachment Exhibit 96 Electronic certificate Exhibit 97. He testified that their agreement is deport and line and they do not deal with customer. He testified that he does not know accused before court. He testified that the shippers get the seals from the shipping line. PW38 a/s/s adult male English Christian Stephen Mose. He testified that he lives in Nairobi. New Kitusuri Estate and that he is an in-house Counsel at Platinum Hilux E. A limited. He testified that he is an advocate of the High Court. He testified that they also engage with precious metals to China. 66 | P a g e

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That on 10.9.2023 he was at their Lavington office when one David Otieno went to see him and said that he had been referred to him to assist his client to export raw titanite ore. He showed him the power of attorney for a Chinese company Exhibit 3 dated 10.10.2023 and it was given to him through their CEO Michelle and that all the tests were done and shipment loaded. He informed him that Michelle PW1 had had an arrangement and that PW38 was to be an intermediary to hold the funds. David Otieno asked for PW38’s account details. The agreement was amended to insert his law firm details. The agreement was sent to him via WhatsApp, Trichola Logistics Freighters and the buyer dated 2.10.2023 Exhibit 4. PW1 did the amendments clause 8.1. Exhibit 4 Mose and Compnay account name Sidian Bank Moi Avenue Naivasha Branch. Account no 010xxxxxxxx853 USD account. Swift code SIDNKENA agreement was signed by all parties and his was only to append his signatures. The client sent first payment 10000USD for lab test for the ore titanium vide a company CCIC which was to be supervised by David Otieno and he forwarded the entire amount to David Otieno. He testified that he gave him Kshs.400000/- and Kshs.500,000/- via mpesa. CCIC was now to release the results. The tests were to be done at AGL Bolore. The CCIC was shared to all parties via email. They agreed to add three containers. There was another 270000 USD which was paid to the law firm account which was for one container. The parties agreed to have three feet containers. He testified that he did not prepare any of the contracts. It was sent to him through David Otieno dated 9.11.2023 Exhibit 7 . CCIC report page 13 of the contract and page 14 dated 4.7.2023. 67 | P a g e

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Various quality of the raw titanite vide their percentage. The minimum % was 30 % niobium for it to be accepted. (Clause 2; captures the minimum) All the three parties signed it. It provides the specific sea vessels to be used. 84 m tonnes. Total value 2,352,000 USD. Certificate of origin ref.50499 document from Uganda. MFI-98 dated 27.11.2023 indicates the three container numbers. Export permit issued by geological survey and mining Uganda 03249 dated 27.11.2023 MFI-99. The document was given to him by Gabriel Kalonde. Accused positively identified before court. Origin bill of lading KMTC MBA 008271 MFI-100 and this is what he testified that he scanned and sent to Mitchel Exhibit 68. He gave him an invoice 1000000USD. Commercial invoice dated 11.12.2023 no 002612/7329. Invoice value for 1000000USD .84 metric tonnes 28 USD per kg. Three containers and they tally with the bill of loading. Documents MFI-101 Commercial invoice PW1 then wired the 1000000 USD to his law firm account dated 26.12.2023 and it their account on 29.12.2023 MF1-102. He testified that he informed Gabriel Kalonde and he was to fly to China and for joint opening of the containers. He told him he was hoping to be in China on 10.1.2024 and testing of the consignment. That on 2.1.2024 PW1 called him frantically and told him that the goods did not fit the requirements and he assured her that the money was still intact waiting for the testing. He testified that he equally advised her to do further laboratory tests and gave her the telephone number of his branch manager Jesse Karimi to confirm the same. She contacted Jesse not to release the funds as the goods did not fit the contract. She informed him the goods were quarantined. 68 | P a g e

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She testified that the goods were in a gunny bag .PW1 did her tests in China and the goods did not have titanium at all. He testified that he gave the consent to the bank manager to the PW1.He testified that he had withdrawn 48900USD for booking containers .PW1 requested him to advance the same at a commission of 3 % as per 7.5 of the contact Exhibit 7. He testified that he withdrew 50500USD and transferred to his Kshs.account. Balance 949000USD was left in the account awaiting testing in China. That on 5.1.2024 due to pressure from the buyer and seller, the bank decided to move the money to the cash money account which was the entire USD 1000000. There was now a lot of calls from different lawyers. One Felix said he represents PW1, they sat down and he told him there was a complaint and he recorded his statement at the DCI Nairobi. He testified that his Sidian account was opened on 11.2.2025 then K-Rep Bank. He testified that the Kshs. and USD. Kshs.010xxxxxxxx928 USD 010xxxxxxxx853 Account opening documents as his name and signatures MFI-103. Account details remained the same and the cheque books were changed from K-Rep to Sidian Bank. He testified that he has his business card, portfolio and the contacts of Nairobi and Mombasa. MFI-104 and MFI-105. He testified that all this time communication was via email. Michelle 200429@163 .com to his law firm moseandcompanyadvocates@gmail.com MFI-106 Certificate of evidence MFI-107. He testified that he is an in-house counsel but has his receipt LSK receipt P105/6505/06 MFI-106 but he 69 | P a g e

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had not practised then for seven years. He testified that PW1 had only wanted someone to hold the monies. He testified that he is an in-house counsel and was excepted but in 2024 he paid his back fees Kshs.124160/- on 26.1.2024 after seven years but during this transaction he did not have a practising certificate. He testified that PW1 was aware that he did not have a practising certificate as he had informed her and as such an unqualified advocate. Section 34 of the Advocates Act which depicts that it is an offence of taking out documents if one is unqualified. He testified that his employer is aware of money transacted MFI-98106 Exhibit 98-106. Accused person positively identified before court. He testified that 270000USD was for export processes. The three containers are in Nasha port in China since 26.12.2023 and he was not aware of the travel arrangements of the accused, Accused never travelled to China. Pw1 has been requesting for her funds. She sent her results on 6.1.2024. CCIC had sealed the containers though he was not present physically. Bill of lading KMTC 1062983 SEGU 2490020 He testified that he deals with minerals for the company he works for. He testified that the money in question belongs to PW1. Pw39 a/s/s adult male Christian English Jesse Wachira Karemi. He testified that he lives in Naivasha and works as a banker at Sidian Bank since 2019. He testified that he is a branch manager and oversees the day to day running of the branch. That one of their clients Mose and Company Advocates informed them that there is money coming through his account and it came in three tranches. 70 | P a g e

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First tranche10000USD and what hit the account is 9942 USD on 27.9.2023. Second tranche 269905.91 USD hit his account on 17.10.2023 Third tranche 29.12.2023 1000000USD account to his USD account no 010xxxxxxxx853. The amount 1000000USD was credited less the charges. The client transferred 50500USD from his USD to Kshs. account 010xxxxxxxx928 transaction Westlands Branch and this was done vide a conversation. He testified that they asked him for the supporting documents and furnished them with the contract between him and sending company. He testified that he received a message from one Michelle who introduced a USD and Kshs.account. This he avers affected the transaction USD cash margin account 010xxxxxxxx041 Mose and Company Kshs.010xxxxxxxx031 account Mose and Company USD cash margin account 949463.41. Transferred to Kshs. 2469558 cash margin account is opened in a bank so that the customer will not open the account so that the client does not handle the same. That their customer on 3.1.2021 approached their Westlands Branch to transfer 940000USD to an account Sanjola Company Limited. This did not go through as the complaint had gotten to them. They explained to him and he said that he would sort it out with Michelle. They received a court order from court from DCI to preserve the money at the bank dated 1.2.2024 MFI-109 Misc .application E 358/2022 MFI-110 Sidian Bank was required to preserve the money. fi Account no 010xxxxxxxx928 Kshs.account fi Account no 010xxxxxxxxxx853 USD account fi Account no 010xxxxxxxx031 Kshs.account fi Account no 010xxxxxxx041 USD account 71 | P a g e

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fi Account no 010xxxxxxx137USD is his account but was not affected. Order authorised Sergeant Hesbon Otieno no 80x98 DCI to investigate the said account. He testified that he furnished the police with the said documents Exhibit 103 Cash margin account USD account. Kshs cash margin account. MFI-111,112,113,114 Email communication between Michelle and Mose and Company MFI-115 Electronic certificate MFI-116. I wish to produce MFI-11-116 Exhibit 11-116 Four account Exhibit 117. The money is still held in the bank as per DCI order. He received subsequent orders from courts. He testified that he does not know the accused person. He testified that the order now cannot allow the client to use the account. That when the realised there was a dispute the bank made a decision after the complainant was raised and the money was put aside so that Mose and Company could not access. The Senior Management team made the decision. The prosecution closed its case after adducing 39 prosecution witnesses and the court thereafter ruled that accused person had a case to answer and was put on his defence to comply with Section 211 of the CPC. DW1 a/s/s adult male Christian Kiswahili Lumumba Ulundi Patrick. He testified that he is from DRC and lives in Uganda and has dual citizenship for Uganda and DRC. He testified that he also has a house in Mombasa and he understands why he is 72 | P a g e

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in court and the charges levelled against him. He avers that he is a businessman and does imports and exports and is the director of Sanjola Company limited and Congo Resource Mining. Sanjola is registered in Uganda and DCR and the latter is in DRC. He testified that in April 2023 he got two Chinese nationalities in his office in Kampala. One was Passion and Guo Zenjum; passport EJ 3824615. That they were directed to them by Cosco Shipping Line to them in a bid to deal with minerals from Congo. They wanted to know if there was ready stock. He confirmed to them that they had and requested to see before further transaction. They took photos of the documents they needed. He testified that they then drove to Multiple Nakawa where his store is and they requested for random sampling. They requested customs department who allowed the same and they did a video call with their colleagues in China. One was Patrick Yan Chinese from Taiwan and Jesse who lives in America but Chinese and he could understand English .He testified that in November he met them in Mombasa and the items were on transit from Congo DRC and that they were sending samples to Nairobi and Passion asked him to have another meeting after their analysis report for 16.4.2023 from the Ministry of Mining – Kenya . Passion told him that they need the container in Mombasa which they were not against as they had provided and paid for at Boloree AGL Africa Global Logistics. That they insisted on another verification be done and transfer and they agreed at 34USD per kg. Radiation was 0.4 % Titanite 34.15 % .He testified that called them for a meeting in Kampala but they insisted that the container must first be in Mombasa and Passion provided for the trailers for transport three in 73 | P a g e

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number and they escorted the same up to Mombasa at MCT Mombasa Container Terminal . Passion said that their Chinese partners would arrive in four days. They arrived and their inspectors from CCIC-Africa booked them and requested 25 people to do the job. They came with their inspector who was South African and was English speaking and shared the procedure they would do. They had 93 metallic drums instead of bags. That the mineral was to be put on the ground then inspected then load and seal for the containers. He testified that he was there when the mineral was put on the floor with the 25 workers. They tested it for radiation and he avers that he was taking photos and thereafter sealed the containers and left in the evening and sealed. He testified that he left for Uganda to wait for the results, there were four containers put at Boloree. One container was 10 tonnes and the other had 20 tonnes each. He testified that he was the shipper and they were the buyers. The results were out and they agreed at 31 USD per kg from 34 USD per kg and they sent him a draft contract. He testified that he went to Mombasa and told them not to release the cargo. He testified that he got a phone call from one Davis Otieno and who told them that his booses wanted to talk to him directly and that he should cease talking to Passion and they meet in Mombasa and create a WhatsApp page group for all of them. They agreed at 31USD. He testified that he paid storage charges of 5692 USD and handling charges .He testified that he was told that the buyer had changed and he would meet the new buyer when he 74 | P a g e

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or she comes to Kenya .He did a letter to Bolore and copied them for transfer and told them to pay for storage charges but they declined. Dw1 testified that he paid 5692USD storage and handling charges. He testified that he paid Bolore with his money and loaded the receipt dated 16.11.2023 DMFI-11 Equity Bank (K). Citi Bank Uganda. They brought in their lawyer called Patrick. The fourth container was 10 tonnes and he averred that he then allowed the containers to leave and that they would pay him through their lawyers and he said that they have not been paid anything.He testified that he paid the workers and that they gave him another contract to sign, DExhibit 1 Signature by Sanjola Company Limited. Yen Sheng and Iro Space Co. Limited. Sanjola Seller, Yen Sheng buyer. Iro legal representative for buyer. He testified that he does not know whether Iro billed his client PExhibit 2 11.8.2023. Exhibit 4 -Second agreement. Davis was already removed from the contract .9.11.2023. Exhibit 7 10 tonnes Exhibit 4 74 tonnes Quality 31.1% titanite Exhibit 4 was the commission agreement. Transfer of ownership was done and they promised to deposit 1,000,000USD through Mose and Company. He testified that they finished export process within 3 days and they were to deposit 1,000,000USD. He testified that he wrote to PW1, Mose, Patrick and Davis via email dated 12.12.2023 . 75 | P a g e

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He testified that there was analyst report, special report, pro forma charges for insurance, receipt for Boloree, letter of commitment all attached to the Chinese. He testified that his passport, Mose’s passport, PW1 and company documents. He avers that they never paid him. Sanjola sought for the containers through Shariff. They gave three seals. The three containers were transported from the warehouse to the port. The shippers, the buyers were present. They were five representatives. They never opened the containers thereafter. He testified that they were present when they were sealed. Bill of lading given to Mose and Mose for payment. Port of discharge Nasha. Port of lading Mombasa three containers Exhibit 10. The containers are the same details. The seals were given since June 2023 to his company Sanjola. He avers that the loading was never done in these containers at Kilindini and that the contract they had are the consignment which were already in China. He avers that he never participated in the Kilindini containers. He denies the containers at the port nor the seals. He further denies that there is no nexus of the containers at Kilindini Port and the one at the warehouse. He testified that he took photos and videos of the process taking place with his phone on 22 and 23rd June ,2023 and thereafter they were packed in metallic bags. He testified that the inspector gave the concerned bags to CCIC and that he was to carry the seal bag to China for comparative analysis. He testified that he requested the shipping line to be returned to Mombasa three days after the container left and also to the Shariff team to return the containers to Mombasa but this did not happen as the goods had already reached China yet he avers he had paid for 76 | P a g e

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it. He testified that he used 13,692USD and Kshs.368,000/- as the owner of the cargo and shipper. He testified that he has been using MTC since 2018 a lot of their containers pass therein and that one can request to open them while on transit. He testified that he was using email to communicate with their clients. Certificate is dated 5.7.2023 Email dated 27.11.2024 Certificate of quantity DMFI-26 Transfer of ownership Communication thread DMFI-28 Scanned documents DMFI-29. That the deposit of 1,000,000 USD was to be done with Mose and Company advocates. They contacted the shipping line to bring the cargo back. The cargo reached China and still there. He confirms that he received10,000USD. Mose and company -Sidian Bank 207,000USD. He testified that he never received the money. Mose was the lawyer of the buyer and he was to pay DW1 when he received the money. That he went to Mose’s office and he met four people who took his phones and he was told that they were DCI and he was driven with him to Mombasa .He avers that he does not know why he was being arrested and was taken to Makupa Police Station and later Urban Police Station and thereafter charged as herein . He testified that he gave DCI his phones, emails and passwords. Certificate of photos MFi-33,34 Exhibit 33,34 He avers that he does not have work permits to work in Kenya but he is the Managing Director of Sanjola and that he manages all 77 | P a g e

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operations at Sanjola Company albeit three others directors but not in court. He testified that Sanjola is registered in Uganda and DRC. He avers that he does not have the motor vehicle registration numbers nor the drivers. That original copy he gave to Mose and Mose Company and that he was to go with the bill of lading and PW1 was to send him the visa and air ticket for China. He testified that he did not use scenes of crime personnel but used his phone to take all the photos during these transactions. Exhibit 7 is a contract between Sanjola and Yen Shen Company Limited. He testified that once the charges are paid to the shipper, they release the consignment. He testified that he is the one who transacted in this deal with PW1 and not his co -directors. This court appreciates the evidence adduced by all 40 witnesses herein. However, issues for this court to determine are as follows; fi Was there conspiracy to commit a felony by the accused herein? fi Did the accused obtain money by false pretences? fi Did the accused deliver the mineral that he was paid for? fi Was there any legal binding in all these transactions? fi Was the said tantalum authentic? fi Why did PW16 relax the F89 albeit the scientific analysis results? Conspiracy to commit a felony contrary to section 393 of the Penal Code which provides: “Any person who conspires with another to commit any felony, or to do any act in any part of the world which if 78 | P a g e

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done in Kenya would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to that lesser punishment.” The Legal Framework Under Section 393 of the Penal Code, any person who conspires with another to commit a felony is guilty of a felony. [1] fi Punishment: If no other punishment is specifically provided for the conspiracy, the maximum sentence is 7 years imprisonment. However, if the maximum penalty for the underlying felony is less than 7 years, the conspiracy sentence is capped at that lesser punishment. fi Misdemeanours: Conspiring to commit a misdemeanour falls under Section 394 and is also treated as a misdemeanour. [1, 2] 2. What the Prosecution Must Prove To secure a conviction for conspiracy, the prosecution does not need to prove that the suspects successfully completed the crime, or that all the conspirators even knew each other. According to Kenyan case law (e.g., Asugah v Republic), the prosecution must establish two things beyond a reasonable doubt: [1, 2, 3] 1. Meeting of the Minds: There was a mutual understanding, mutual agreement, or consensus between two or more people to effect an unlawful purpose. [1, 2] 2. Intent: The accused person knowingly and intentionally joined the agreement, with the intent to play some part in furthering the criminal purpose. [1, 2] 3. Case Law and Precedents 79 | P a g e

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Kenyan courts frequently rule on Section 393 in cases involving land fraud, corruption, and premeditated crimes. Notable legal principles from Kenya Law Reports include: [1, 2, 3] fi Evidence Required: Merely pursuing an unlawful object at the same time is not enough; there must be explicit proof of a shared plan or common design (Republic v Anne Atieno Abdul & Others). [1] fi Sentencing & Appeals: In cases like Elijah & 2 others v Republic, courts have clarified that conspiracy convictions attract a maximum 7-year prison term. Furthermore, if a fine is imposed in lieu of a sentence, the default term for non-payment is legally capped (e.g., to 12 months for fines exceeding Ksh. 50,000) under Section 28(2) of the Penal Code. [1] In Gichanga v Republic [1993] KLR 143, the Court of Appeal held that: - “With respect to the offences of conspiracy, the crucial issue is whether the appellant and his fellow conspirators acted in concert with the intention that the Board be induced to part with its money.” In Ann Wangechi Mugo & 6 others v Republic [2022] Eklr, the court observed as follows: - “To prove a conspiracy, the prosecution had to establish that the respondents together with others, agreed by common mind to defraud the complainant. The inference must be made both from the actions of the accused and the evidence tendered in court (see Republic v Anne Atieno Abdul & Others [2017] eKLR). Further Halsbury’s Laws of England Vol. 25 observes that; It is not enough that two or more persons pursued the same unlawful object at the same time or in the same place, it is necessary to show a meeting of the minds, a consensus to effect an unlawful purpose.” Analysis This being the first charge, the accused person was a sole witness and also the only one charged thus the threshold for conspiracy cannot stand and as averred in evidence the others are yet to be arrested and charged. 80 | P a g e

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As such count one fails. On the second count is that of obtaining by false pretences. In Kenya, obtaining money by false pretence is a criminal offense under Section 313 of the Penal Code (Cap 63). Any person who knowingly uses a false representation and an intent to defraud to induce another person to part with their money or property is guilty of a misdemeanor and is liable to imprisonment for up to three years. [1, 2] Key Legal Elements For the prosecution to secure a conviction, they must prove the following elements beyond a reasonable doubt: fi The Pretence: A specific representation of fact was made. fi Falsity: The representation was false in fact, and the accused person either knew it was false or did not believe it to be true. fi Inducement: The false pretence actively induced the victim (the owner) to part with their money or property. fi Intent to Defraud: There was a deliberate, calculated intention to deceive and deprive the victim of their property permanently. fi Property: The item obtained is capable of being stolen. [1, 2, 3] Common Examples in Kenya This law is frequently applied in cases involving: fi Fake land transactions (e.g., selling someone else's land or offering non-existent parcels). fi Fraudulent promises to secure employment or visas. fi Embezzlement of funds under the guise of importing goods (e.g., motor vehicles). 81 | P a g e

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fi False claims regarding charitable causes or personal emergencies. [1, 2, 3, 4, 5] Penalties and Remedies fi Imprisonment: A conviction carries a prison sentence of up to 3 years. fi Restitution/Compensation: Under Section 171 of the Criminal Procedure Code (Cap 75), the court can order the convicted individual to compensate or refund the victim. This means the court can direct that the money be recovered directly from the offender's assets or earnings. [1, 2, 3, 4] Section 313 of the Penal Code which provides that:- fi “Any person who by false pretence and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanor and is liable to imprisonment for three years.” fi 11. He submitted that the essential elements of the offence of obtaining through false pretences can be summed up as follows: - fi a. Obtaining something capable of being stolen (emphasis court). fi b. Obtaining the money through a false pretence. fi c. Obtaining the money with intention to defraud. Gerald Ndoho Munjuga vs Republic [2016]eKLR where Mativo J cited the case of Dr Edwin U. Onwudiwe vs Federal Republic of Nigeria where it was held that for an offence of false pretence to be proved, the prosecution had to demonstrate that there was pretence, the pretence emanated from the accused person, that it was false, that the accused person knew it was false or did not 82 | P a g e

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believe in its truth, that there was an intention to defraud, that the thing was something that was capable of being stolen and that the accused person induced the owner to transfer his whole interest in the property. Analysis on count 2 Here is a story of an alert by the DCI of a Money Laundering scenario. Money is passing from one hand to another. But they can’t lay a hand on what and where this money is coming from .PW12, Pw13 are the Investigating officers and as a court I must give a standing ovation and their team for piecing up this case together and meticulously to say the least! In the midst of tracing money which they did not whose money it was a high alert was posted. No complainant, no suspect on the onset. All leads now to Mombasa at the port and there are containers which allegedly have titanium. These are then held as exhibits from Mombasa Container Terminal. TEMU 0431657 SEGU 2397370 TCLU 8755716 They were unsealed and they had two custom seals. They found them with some substance and he put in an inventory of the seals and the substance and signed the same. These containers were produced before court and were opened vide multi agencies at the scene before this court at the port in Mombasa. Investigations herein are in between containers found in Mombasa and some huge amount of money suspected of being laundered vide Financial Reporting Centre DCI ref FRC/4/1A/4/VOL 10(83) dated 83 | P a g e

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18.1.2024.and the complaint was on financial transaction. Between Sanjalo Limited and a Chinese company. It was for a supply of 84m tonnes from DRC to China. The escrow account was Mose and Company Advocates based in Nairobi. Mose was to hold funds until consignment is scientifically tasted and funds released. The funds were partially utilised 50500USD contrary to the sale agreement. The three containers were found to be soil after the scientific analysis the goods arrived in bags instead of drums. the account is being held at Sidian Bank, Naivasha Branch. The three containers arrived in China fi SEGU 2490020 fi SEGU 3374174 fi TEMU 0281304 An order was eventually granted for preservation of funds awaiting the outcome of this case. Interesting Counsel Mose was equally not qualified to handle the money. He is a lawyer but during the hearing of this matter he had not gotten his practising certificate for 7 years. When the containers arrived in China and the same was found to be soil, complainant called the said bank to stop any transactions as she realised, she had been conned. One interesting and key person in the Kenyan soil is PW 16 in this case and presumably the weak link herein. In this court ‘s analysis this is where the rain started beating us a Country. Pw16 Owen Kesino Kwalia .He is the tax and administrator and works with KRA and his job description is that he is the head of investigation Southern region .He testified that they investigate tax 84 | P a g e

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crimes and tax frauds .That on 16.10.2023 they received a call intelligence of suspicious containers from DRC .He avers that he spoke to the manager customs investigation to send officers to trace the containers which was at MCT-Mombasa Container Terminal and they put a hold F89 customer document and sealed the containers. They never got them at MCT but at AGL formerly Borole where they were found. They placed a F89 and sealed the containers dated 19.10.2023 serial no 010401. That after a month they received an email from SanJola and ready for verification and he sent officers to do the verification. Samples were taken. Later accused went to their offices and gave them documents from Uganda Customs on raw titanium. He asked us to relax the holding and PW16 avers that their role as customs was to facilitate trade and he allowed the exporter to continue. That his people told him that they had seen black soil, he testified that he did not investigate the CCIC Africa and he did not get their laboratory report and he released the said containers. Despite all his officers under him and the relevant authorities both from KRA and the other multi agencies confirming that this was soil, PW16 went ahead to stop investigation and did not call his counterparts from Uganda and he believed that they were titanium in all the three containers. He communicated relaxation on F89 and he still believed it was titanium. He testified that he does not know that the minerals arrived China. Zephaniah Ochieng’ Ogutu testified that he lives in Nairobi and an officer with KRA analytical scientist and has a BSc Analytical Chemistry. He testified that he has been in this job for 7 years and that he received samples from Mombasa dated 21.11.2023. 85 | P a g e

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Exhibit 54,55,56. He avers that he was to do chemical analyses and give a tariff classification. He testified that he was required to identify the ore. He scanned for qualitative analyses and quantitative and got nine samples and gave a unique number and captured all containers. Drum 1 fi TEMU 0431657 EXHIBIT 57(a), (b),(c) fi 71.82%silica fi 11.69 %aluminium fi 3.96% magnesium fi 2.92%iron fi Nil titanium He testified that this was clay sand composite and course particles. Drum2 fi Silica 70.94% fi Aluminium 11.36% fi Magnesium 4.51% fi Iron 6,09% fi Potassium 2.26% fi NIL Titanium fi It was clay sand Drum 3 fi Silica 70.35% fi Aluminium 11.56% 86 | P a g e

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fi Magnesium 4.92% fi Iron 6.0% fi Potassium 2.27% fi Titanium -NIL fi Substance was clay SEGU 3374174 Exhibit 58 (a), (b) and (c) DRUM 4 fi Silica 70.33% fi Aluminium 11.04% fi Magnesium 6.68 % fi Iron 5.32% fi Potassium 2.34% fi Titanium -NIL fi Substance was clay Drum 5 fi Brown black fine particles and homogenous fi titanium 46.19% fi Niobium 21.22% fi Iron 13.94 % fi Magnesium 7.2% fi Sample of a characteristic of titanium Drum 6 fi Silicon 74.62% fi Aluminium 11.55% 87 | P a g e

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fi Magnesium 3.18% fi Iron 3.5% fi Potassium 2.44% fi Dark brown and fine particles fi titanium -NIL fi Clay sand was the substance Segu 2397370 Exhibit 59(a), (b), (c) Drum 7 fi Silica 70.86% fi Aluminium 11.88% fi Magnesium 6.65% fi Iron 3.32% fi Potassium 3.32% fi titanium NIL fi Clay sand and appearance was dark brown and fine particles Drum 8 fi Silicon 73.69% fi Aluminium 11.38% fi Magnesium 4.95% fi Iron 3.23% fi Potassium 2.28% fi Dark, brown and fine particles fi Titanium -NIL 88 | P a g e

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Drum 9 fi Dark brown fine and course particles fi Silica 74.86% fi Magnesium 3.24% fi Iron 3.2% fi Potassium 2.56% fi Titanium -NIL fi Appearance dark brown and fine particles fi Clay sand He testified that only one had titanium contents out of the nine. He signed the report with the Chief manager Dr.Jaro Arero and Manager Fred Isaboke . Report is dated 12.1.2024 Exhibit 57 He further testified that titanium and tantalum are different. One is an oxide. The ore is a natural source. If titanium ore is found you will detect them in examination. He testified that they were looking for TA which does not appear as a single element. TA is an element. They analysed the nine samples and only found titanium in one. The results were variance and it is tied to the sampling and he has expressed it as a percentage. TA was nil and was his subject analysis and further he used their methodology which was the best under the circumstances. Analysis as per PW24 was the best methodology under the circumstances though it was not indicated. He avers that they had to maintain the integrity of the sample and that they subjected it to xray. The composition was not changed during the analysis. Ash 89 | P a g e

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content was the organic sampling and that three is enough to make a conclusion and decision as the case may be. However, PW12 and Pw13 are the two investigating officers who cracked this puzzle up and puts in the nexus between the said titanium and the money. DW2 was a sole witness and he mentions no other person all through this hearing. He blames no one but is in sync through as the person who was dealing with PW1 in this transaction. Court wonders how he decided to do the cross- stuffing without the instance of PW1 or her representative, why did he order that the containers come back a few days to docking into China which unfortunately did not occur? It is adduced in evidence that the accused herein had a motive but his mens rea is evident. There was no titanium but the motivation being the money. Conclusively, this court once again gives a standing ovation to the two investigating officers who have done a thorough job in cracking this complex case, their consistency, their getting all the 40 witnesses to testify was impeccable. ODPP, Counsel Hillary Isiaho well done! you kept the pace with your key support people the investigating officers herein. To my able court assistant Rabii Babu, considering that we handled this matter away from our court station at Milimani and instead in Mombasa, keep it up, your professionalism handling these sensitive exhibits and the file to the very end speaks volume about your integrity as a person. To the court as a judicial officer, I carry great insights on case management. We had 40 witnesses and we manged to hear them in a total of 10 days! This exhibits consistency on hearing witnesses. This matter has been handled by only one Judicial Officer and this 90 | P a g e

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should be a lesson to be carried by the Judiciary leadership on how not to lose critical evidence on such complex cases. Day to day hearing was a plus. The defence is equally appreciated for being a team seeking for justice also for their client, we thank you Counsel Ogado and your client too. Access to justice is a double sword and this is a classic case of an entire team working towards a common goal -Justice. I will not forget to mention that this is a case of multi-agency partnerships and kudos to all government sectors who made this possible without naming them one by one as they know themselves and for fear of missing key players who equally assisted in the hearing of this matter. Well in! Finally, the court finds accused person guilty on count two and herein convicts him according. Prosecution; We thank the court most sincerely for an in-depth judgement and it was a technical matter. On count 2 we pray for time to allow the prosecution to liaise with the investigators and to enable a filing of a technical report. Sentiments of the victim are captures before sentence. We pray for time to file the same. The bail bond terms be cancelled. Counsel Muturi: I must register appreciation to the court and the defence. All parties put in their best and with the judgement timely it is. We pray for a pre-sentencing report and our client to give the concern. The money in the bank be released to our client unless otherwise held. Ogado for the accused: This was a historical moment. The I.O was always ready with the proceedings. We thank you for a detailed judgement. 91 | P a g e

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The prosecution has sought for time to seek with Uganda to get the regards of the accused person. The release of the money. The same can be released within 14 days if no appeal. Prosecution; I pray for three weeks as the complainant is a Chinese based in China. If we are able to do so before we can come back in consent. Court: Judgement read and delivered in open court this 3rd.June, 2026 at 1.32pm. Pre-sentencing 23rd.June ,2026 for sentencing. Counsel for accused: Present Counsel watching brief: Present Prosecution: Present Accused: Present Court Assistant: Denis Hon.Dolphina Alego, Chief Magistrate, Milimani Law Courts. 92 | P a g e

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