Three Kisumu sugar dealers ordered to appear in court
One of the suspects Henry Munywoki Kavita when he appeared in court.
Chief Magistrate Francis Andayi on Tuesday ordered three directors of a Kisumu-based milling company to appear in court on May 4, 2021 to plead to fraud charges.
Mr Andayi directed Mr Sunil Narshi Shah, Mr Kamal Narshi Punja Shah and Magnesh Kumar Verma of United Millers Limited to appear in court to answer seven counts of defrauding businessman B N Kotecha & Sons Limited Sh79,471,000 in a sugar deal.
Mr Andayi declined to issue a warrant of arrest against the three as requested by State prosecutor Everlyn Onunga, who informed the court that the plea against the millers was supposed to have been taken June 3, 2020.
“I urge this court to issue a warrant of arrest against the accused who were granted a police bond last year, “Ms Onunga said.
Ms Onunga said Sunil, Kamal and Magnesh were freed on a Sh70,000 police bond by the police boss at Muthaiga station.
The prosecutor also applied to have the cash bail forfeited to the state.
Ms Onunga said that although a defence lawyer informed the court that the directors have been advised to stay in isolation having interacted with a Covid-19 victim “no medical records have been availed in court to support the claim.”
The defence lawyer said he will keep the court posted on the status of his clients and promised to produce relevant information to the court and prosecution.
In his brief ruling, Mr Andayi ordered the suspects to appear personally in court to answer to the charges filed against them.
He also ordered the defence lawyer to produce medical records of the suspects.
Besides the three directors, a general manager of United Millers Limited Henry Munywoki Kavita was arraigned.
Kavita, who was freed on a cash bail of Sh400,000 with an alternative bond of Sh million with surety, denied seven counts against him.
Kavita and the three directors were accused that on April 2, 2015 at an unknown place within Kenya jointly conspired with intend to defraud B N Kotecha & Sons Sh79.4 million.
The four allegedly pretended they had lost business as United Millers Limited to their clients by failure to supply sugar.
The suspects were also charged with defeating course of justice by filing a case at the High Court in Kisumu allegedly using falsified documents.
In the case, United Millers Limited sued B N Kotecha & Sons Limited, Hemal Kishor Kotecha and Harshil Kishore Kotecha.
Kavita was separately charged with forging a local purchase order for Alysam Stores on April 15, 2015 purporting to be a genuine LPO.
