Congolese businessman charged in Eldoret with theft of Sh21M excavator
The incident reportedly took place in the Kapsoya area on the outskirts of Eldoret City, Uasin Gishu County.
A Congolese businessman Scalla Nzanzi Junior in an Eldoret court where he has denied theft of a heavy machinery excavator with sh 21 million
A Congolese businessman accused of stealing an excavator worth 21 million Kenyan shillings was charged Monday in Eldoret, intensifying a cross-border dispute involving heavy machinery allegedly smuggled into the Democratic Republic of the Congo for gold mining operations. Scalla Nzanzi Junior appeared before Principal Magistrate Carolne Wattima and denied charges of stealing a Hyundai excavator, registration number KHMA 223K, the property of Chicarlt Company Ltd., on April 2, 2024.
The incident reportedly took place in the Kapsoya area on the outskirts of Eldoret City, Uasin Gishu County. Prosecutors allege that Junior unlawfully took possession of the excavator and transported it across the Kenyan border to the DRC, where it was being used at a mining site in the Goma region.
The accused was arrested Thursday last week in Malaba town, located along the Kenya-Uganda border, by detectives from the Directorate of Criminal Investigations (DCI) as he allegedly attempted to flee the country. According to authorities, Junior had evaded capture on several occasions since last year and was considered a high flight risk.
During court proceedings, the prosecution opposed Junior’s release on bail, citing his history of avoiding arrest and the serious nature of the charges. Principal Magistrate Wattima agreed with the prosecution and ordered that Junior be remanded in custody at Eldoret GK Prison pending further assessment of his bail application. The court directed that a pre-bail report be prepared and presented before a final ruling on bond terms is issued.
Junior, who is represented by defense attorney Eric Munene, told the court that he is a father of four children and resides in Nairobi. He pleaded for leniency, arguing that he had no intention of absconding and expressed willingness to comply with court directives. He requested to be granted cash bail so that he could travel back to the DRC and retrieve the excavator.
In his submission, Junior claimed that the machine was transported to the Goma region for gold mining operations but acknowledged that returning it had become increasingly difficult due to the volatile security situation in eastern Congo. He stated that military conflict involving M23 rebel forces had paralyzed business activity in the region, labeling it a “war zone” and raising concerns over his personal safety.
“Your honor, I plead that you give me reasonable cash bail so that I can travel back to my country and see if I will be able to venture to the gold mine site where the machinery is parked and bring it back to the owner,” Junior said through his lawyer.
The defense argued that unless Junior is released, it would be impossible to recover the machinery, as he is the only person with knowledge of its exact location and the means to access it.
The prosecution, however, maintained that the accused had shown no signs of cooperation prior to his arrest and had repeatedly eluded police dragnets. They further revealed that five witnesses, including two DCI officers based in Eldoret, have been lined up to testify during the trial.
The case is scheduled for mention on July 21. Junior will remain in remand as the court awaits the pre-bail report and prepares to deliberate further on the matter.
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