Joseph Lendrix Waswa and Kenya’s Sh400M Gold Fraud: Will He Walk Free Again?

The name Joseph Lendrix Waswa has long been associated with controversy, legal battles, and high-profile scandals in Kenya. Now, the businessman once again finds himself at the center of attention after the prosecution signaled its intent to drop Sh400 million in gold fraud charges against him. This decision has left many questioning whether Waswa will once again escape justice despite a trail of damning allegations.

Joseph Lendrix Waswa In The Gold Fraud Case

The case revolves around a sophisticated scheme that allegedly defrauded Tunisian businessman Bilel Arfaoul of USD 400,000 (approx. Sh400 million). According to investigators, Waswa and his associates lured the foreign investor with the promise of a lucrative gold consignment. The suspects claimed the gold was being held at Jomo Kenyatta International Airport (JKIA) and demanded an upfront payment before releasing the shipment.

However, when Arfaoul insisted on proof of the consignment, the accused took him to a property in Nairobi’s Garden Estate. What unfolded next shocked many: police officers, who had been monitoring the group, conducted a raid and arrested the suspects. Inside the residence, boxes that were supposedly filled with gold bars turned out to contain sand and stones.

Further searches uncovered over 634,000 forged US dollar notes in $100 denominations, raising suspicions of a far-reaching criminal enterprise. Police also seized multiple mobile phones believed to have been used to coordinate the scam.

Waswa was not alone in the dock. His co-accused included Nelson Eru, Roland Johnson, Joseph Gikonyo, Alice Kavata, Ian Wekesa, and Duncan Muchai, as well as police constable Festo Akula Wamwayi. The arrest of a serving police officer raised serious concerns about the level of collusion between fraudsters and elements within law enforcement.

Constable Wamwayi faces additional charges for possession of a firearm and ammunition without proper authorization, further intensifying the debate about rogue officers undermining the integrity of Kenya’s security agencies.

Joseph Lendrix Waswa and others

Despite the serious nature of the accusations, the Office of the Director of Public Prosecutions (ODPP) recently made an unexpected move. During a court session before Milimani Senior Principal Magistrate Geoffrey Onsarigo, the prosecution requested to withdraw charges against Waswa.

The ODPP argued that the alleged crime was “not successful” and stressed that the complainant in the case was the State. While the defence welcomed the application, the magistrate raised a key concern: had the complainant, Mr Arfaoul, been informed of the move to drop the case? A ruling on the matter is still pending, leaving many to wonder whether Waswa will yet again walk free.

This is far from the first time Waswa has been entangled in legal troubles. His record is littered with high-profile cases that have often ended with him slipping through the cracks of the justice system.

  • 2014 Murder Case: Waswa was arrested and charged with the murder of Mitch Kibiti, the son of a Bungoma County education official, after a nightclub altercation turned violent.

  • 2019 Impersonation Scam: Alongside six others, Waswa was accused of impersonating then-President Uhuru Kenyatta’s voice in a phone call that tricked billionaire Naushad Merali into parting with Sh10 million.

In both cases, as in others, Waswa managed to evade long-term legal consequences. His repeated appearances in court, coupled with sudden withdrawals of charges or collapsed cases, have fuelled suspicions of deep political connections or systemic weaknesses in Kenya’s criminal justice system.

Joseph Lendrix Waswa and others

The attempt to drop charges against Waswa in such a high-stakes case raises broader questions about Kenya’s commitment to fighting financial fraud and organised crime. The fact that foreign investors were allegedly targeted also puts Kenya’s reputation at risk, particularly in the global investment community.

For critics, the development signals a dangerous precedent—one where powerful individuals can evade accountability despite overwhelming evidence. For Waswa’s supporters, however, it is yet another case of unsubstantiated claims that collapse under scrutiny.

The final decision rests with the court. Should Magistrate Onsarigo allow the prosecution to withdraw charges, Waswa could once again walk away unscathed. But if the court insists on proceeding, the case could mark a turning point in Kenya’s handling of white-collar crime, police involvement in fraud, and the credibility of the justice system.

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