Sunil Narshi Shah, Kamal Narshi Punja and Magnesh Kumar Varma have been charged at Milimani Law Courts with conspiracy to defraud B.N Kotecha and Sons limited, of Sh 79 million.
They were charged alongside one of their employees Henry Munyoki Kavita and United millers. They appeared before magistrate Francis Andayi and denied the charges.
The court was informed that on 2nd April 2015 at an unknown place within the Republic they jointly conspired with intent to defraud B.N .Kotecha and Sons limited of Sh 79 million by falsely pretending that they had lost business as United Miller’s LTD to their clients by failure to supply sugar.
The accused faced a second charge of conspiracy to defeat the course of justice, where on the 13 the ,October 2015 at Kisumu High Court within the Republic of Kenya jointly conspired to defraud 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 to 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.One of their employees Henry Munyoki was also charged with 3 counts of  forgery .It is said the offenses  were  committed on 15th April,2015,where with intent to defraud he forged a Local Purchase order No 106 for Alysam stores purporting it to be a genuine local Purchase order.
Kamal and Sunil however failed to show up in Court after the Court was informed that they are in isolation after being exposed to Covid_19.
Through their lawyer, the accused pleaded with the magistrate to release them on favorable cash bail saying that they are 70 years old and having been local businessmen for years.
They informed the court that the accused have co-operated with the police and they will abscond when granted bail.
Lawyer Tom Ojienda acting for the complainant said that the accused should be ordered to deposit their passports in court since they are a flight risk.
  “When the accused were supposed to plead to the charges, they informed the court that they were in isolation in Kisumu after interacting with a covid19 patient and needed time to quarantine themselves an application which was strongly opposed by the DPP,”added Ojienda.
 He added that the accused have been taking court in circles, “said Ojienda.
Andayi directed the accused to deposit their passports in court and ordered them to not to leave the country without informing the court.
They were released on Sh 400,000 cash bail or a bond of Sh 1 million each.
The matter will be mentioned on May 24, 2021 before city court.

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