A Nairobi court has ruled that the two directors of Kisumu United Millers will be charged in a Nairobi court with conspiring to defraud a company of over Sh.79 million through forged court documents.
Milimani Chief Magistrate Francis Andayi ordered on Tuesday that Sunil Shah and Kamal Shah appear in court on May 4, to plead to the charges of conspiracy to defraud and presenting fake documents in court in support of their case against Kotecha & Sons Limited.
The two were scheduled to plead to the charges but failed to appear in court for plea taking.
However, the magistrate deferred the plea until May 4, when they are expected to attend court.
The duo with others is alleged to have lied to have lost business as United Millers Limited to their clients by failure to supply sugar.
Shah, Kamal is jointly charged alongside Henry Musyoki Kavita, Magnesh Kumar Verma, and United millers with conspiracy to defraud B.N Kotecha and Sons Limited Sh79, 471,000 on April 2, 2015, by falsely pretending that they had lost business as United Millers Limited, to their clients a fact they knew to be false.
Kavita and Verma who were present in court pleaded not guilty to the charges and were each ordered to be released on Sh400,000 cash bail pending the mention of the case on May 20, 2021.
The court heard that the directors are out on police bond of Sh 70,000 each pending plea taking but failed to appear.
The magistrate directed the two directors to avail in court medical reports showing that they were sick as alleged.
The five faces seven counts ranging from conspiracy to defeat the course of justice, forgery, and uttering a false document. The suspects were arrested in Kisumu on June 3, 2020, according to OB NO.39/3/6/2020, and brought to Muthaiga DCI headquarters the same day for questioning.
It is said that the United Millers had gone to court seeking a refund of their funds together with special damages amounting to Sh79,471,000 claiming to have lost business to their clients as a result of failure to supply sugar.
