Of Sh171m gold scandal, deported Zambian and battle for lover's child

On July 10, 2022, the Transitional Organised Crimes Unit arrested a man following an outcry by a Dutch national and rally driver Benhard Ten Brinke.

The officers, alongside the Immigration officials, decided that Chipando Bupe alias Elena had to be flown back to his country of origin, Zambia.

On its X hurdle, the Directorate of Criminal Investigations (DCI) splashed his photo and labelled him an unwanted visitor for being a "notorious gold scammer".

As the officers were kicking Bupe out of the country, the Asset Recovery Agency (ARA) was swinging into action.

It sued Firstline Capital Ltd, a company owned by Pube and Carolle Simutengu, and also cited Brinke and his companies Holding BV and Three Gold BV in a bid to recover Sh171 million. The rally driver told the court that the amount was paid to them through the firm of Alfred Ochieng Opiyo & Co Advocates, based on the contract for the sale of 500kg of gold.

However, Justice Easter Maina heard that the money was subsequently transferred to the bank accounts of Mubadalla Merchants Ltd, Peva Cargo Ltd and First Capital. The Dutch testified that he did not get the gold, as they had no capacity to supply.

Brinke claimed that Bupe had also been charged alongside Elvis Muga Ouma with the offence of obtaining money with false pretence in 2021. Ouma, alias Nick Muhenda, the court heard, is the director of Mubadala.

ARA told the court that Bupe was also a director of First Cargo. The agency stated that it received information that he, alongside Simutengu and Firstline, were involved in a complex money laundering scheme involving Sh171 million from a company in Amsterdam on the pretext that they were able to export timber from Kenya to the Netherlands.

The agency argued they also falsified customs declaration forms from the Kenya Revenue Authority (KRA) to support the transfer of the funds into their accounts.

On the other hand, Firstline, Bupe and Simutengu raised objections against the case. They argued that the Anti-Corruption High Court had no powers to issue the orders sought.

At the same time, they argued that it was an abuse of court process as there was a separate case before the Commercial High Court involving Three Gold BV and Brinke against Global Freight Management, George Fundu, Alfred Ochieng Opiyo, who trade as Ochieng Opiyo and Company Advocates, Smart Ultra Vault, Sidian Bank, Absa Bank Kenya and Oringe Waswa and Company Advocates over the same issue.

Justice Maina agreed with ARA and Brinke that the money ought to be returned to him. This was February 9, 2023.

She said that there was evidence that the money did not belong to the three.

“The upshot is that the interested parties have proved, on a balance of probabilities, that the funds belong to them and as such this court is satisfied that the interested parties’ claim duly satisfies the statutory requirement of third party protection under Section 93 of the Proceeds of Crime and Anti-Money Laundering Act and and hereby orders that the frozen funds be released to them,” she said.

Two years later, Bupe filed a case before the Constitutional Court, claiming that he is a prolific businessman who was maliciously deported for reasons he did not know.

However, he largely pegged his case on a minor he allegedly sired with his lover, Charlene Mary Wambui Ng’ethe. Bupe claimed that he had never set eyes on the minor since July 12, 2022, when he was deported. He even claimed that his lover was the reason he was kicked out of the country.

At the same time, he claimed that he had bank accounts and vehicles which were allegedly being wasted away.

Bupe claimed he was lawfully in Kenya and doing business, dealing with precious metals. He alleged that he was a director of Alinani Precious Metals Ltd, which he allegedly used to import and export precious metals.

“The petitioner is highly suspicious that his estranged girlfriend was behind his deportation so that she could take over the control of his assets. As a matter of fact, she has completely shut him out of her life, including that of the child they sired together,” he claimed in his case now before High Court Judge Gregory Mutai.

He sued the Director of Immigration Services, Interior Security Cabinet Secretary, the Co-ordination of National Government and the Attorney General.

The man also told the court that his efforts to return to Kenya have been rebuffed by security agencies, but was yet to receive any official communication.

Despite Bupe suing the AG and the government agencies in July last year, they have to date not filed a response or submission.

On Wednesday, AG office said it had not received any information to enable them file their defence. The court gave the AG time to put in a response and make submissions. The case continues in June.