The managing director of a private enterprise has been charged with conspiring to defraud Naivas Supermarket of over Sh33.8 million.
Erick King’ori Macharia, the managing director of Achievo Company Limited, is now the second employee of the firm to be arraigned over an alleged plot to defraud the supermarket chain of the colossal amount.
On Tuesday, the finance manager of the same company, which prepares the payroll for Naivas employees, Dennis Muchina Thiaka, was charged with the same offence.
A prosecuting counsel told Senior Principal Magistrate Zainab Abdul that the case against Mr Macharia will be consolidated with that of Mr Thiaka.
“I wish to bring to the court's attention that the case against Mr Macharia will be consolidated with another against Mr Thiaka who was charged on Tuesday,” the magistrate was told.
The prosecutor urged the court to impose similar bail terms as those granted to Mr Thiaka.
Mr Thiaka was released on a cash bail of Sh500,000 or an alternative bond of Sh3 million with surety.
In her ruling, the magistrate directed the accused to deposit a cash bail of Sh500,000 and fixed the case to be mentioned on November 24 for further directions.
Mr Macharia was accused of plotting with others not before court to fleece the supermarket chain of Sh33,808,985.
The alleged fraud was orchestrated between 2016 and 2020.
Mr Thiaka was charged before Milimani Senior Resident Magistrate Jane Kamau.
Mr Thiaka, through his lawyer, applied to be freed on bond which was not opposed by the prosecution.
“The accused has a young family which solely depends on him for their daily upkeep. I urge this court to grant him reasonable bail terms,” the lawyer said.
The court was urged not to be swayed by the figure of Sh33,808,985 appearing on the charge sheet while determining the amount of bail to be imposed.
“The offence against the accused is a misdemeanor. No monies were lost as depicted in the charge sheet,” Ms Kamau was told.
In her brief ruling, Ms Kamau said that although the amount stated in the charge sheet was colossal, no monies were lost.
“I have considered submissions of the defence lawyer on bail and that the accused has a young family. Bail is a fundamental constitutional right entrenched in the supreme law of the land,” Ms Kamau said.