THEY HAVE FIVE WITNESSES

Two directors in Sh79m fraud case to defend themselves

Magistrate says prosecution had established that the suspects have a case to answer

In Summary
  • The court was satisfied that the prosecution have established a case to warrant the suspects to be put on their defence.
  • They will defend themselves on December 15.
Gavel
Gavel
Image: /FILE

Two United Millers directors and two employees accused of obtaining over Sh79.4 million sugar deal by false pretences have been found with a case to answer.

City court chief magistrate Roselyne Oganyo said the prosecution had established a prima facie case against the suspects.

The accused are Sunil Narshi Shah and Kamal Narshi, Henry Musyoka Kavita and Sales manager Magnesh Kumar Verma and United millers.

"I am satisfied that the prosecution have established a case to warrant the suspects to be put on their defence, I hereby order all the accused to defend themselves in the matter," ruled Oganyo.

Prosecution counsel Eveline Onuga had called 11 witnesses before closing her case.

Through their lawyer, the accused have indicated to court that they intent to call five witnesses during the defence hearing and asked the court for more time to supply the prosecution details of the witnesses.

According to a charge sheet, Shah and Narshi were charged together with Kavita and Varma and United millers.

They are accused that on April 2, 2015 at unknown place within the republic, they jointly conspired with intent to defraud B.N Kotecha and Sons limited of Sh79,471,000, by falsely pretending that they had lost business as United Miller’s LTD to their clients by failure to supply sugar.

They also face a second charge of conspiracy to defeat the course of justice on October 13, 2015 at Kisumu High Court within the country.

They jointly conspired to defeat justice by filing Kisumu High Court Suit No 38 of 2015 namely United Millers Limited versus BN  Kotecha & Sons LTD, Hemal Kishore Kotecha &Harshil Kishore Kotecha using falsified documents with local purchase order No 099 for Wema General Merchants local purchase order No 124 for Huruma Stores, local purchase order No 106 for Alyam stores.

They denied the charges and are out on a cash bail of Sh400,000 each.

The court had directed them not to leave the jurisdiction of the court without permission.

The accused were further ordered to deposit their traveling documents with the court until further notice.

They will defend themselves on December 15.

-Edited by SKanyara

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