An Indian National and a businessman have been charged with conspiracy to defraud Festive Bread Company against the law.
The two Anand Kumar Bharatkumat Modi and Keval Umit Shar have appeared before magistrate Bernard Ochoi of Milimani law courts and denied three counts of fraud, making a document without authority, Uttering a document against the law.
They were charged that on diverse dates of April 15, 2021 and July 14, 2021 at unknown place within the country, jointly with others not before the court, conspired with intent to defraud uploaded a forged application for cancellation of permit document for Mr AnandKumar Bharatkumat Modi dated April 28, 2021 to the immigration online work permit portal.
They are said to have purported the document to be genuine and duly signed and issued by the director of DPL Festive ltd knowing it was untrue.
Anand Kumar Bharatkumat Modi faced a second count of making a document against the law.
He was charged that on similar dates and places, he made an application for cancellation of a permit document for Mr AnandKumar Bharatkumat Modi dated April 28, 2021 to the immigration online work permit portal pretending it was genuine.
In the last count, Umit Shar was charged with uttering the said document to the immigration online work permit portal on similar dates and places against the law.
Through their lawyer Mr, Mwangi, the accused pleaded with the court to be released on Sh 30,000 cash bail saying that Anand Kumar Bharatkumat Modi worked with complainant Festive Limited Company for one year.
He told the court that Anand’s wife also worked for the company for a similar period and that they are not a flight risk.
Mwangi said that the two accused left the company and they are working on their own company and now they are competitors.
“The second accused wife is still working with the complainant to date, “added Mwangi.
Mwangi said Umit Shar is a director of Panafric Bakery and there is an element of competition between two companies.
“The prosecution still holds a laptop belonging to Umit which was surrendered to them for forensic examination and they want it returned because he uses it for business, “he added.
They said they have promised total cooperation with the investigation officers.
The prosecution did not oppose their release on bail but said a cash bail of Sh 30,000 will be too minimal in regard to this offense.
They said they want the accused to deposit a passport in court so as not to compromise their prosecution and to allow them secure their attendance in court.
They added that Anand Kumar Bharatkumat Modi is a foreigner and the nature of offence involves falsification of documents from the immigration office.
The court was informed that the documents they held are still subject to scrutiny. Note that the accused are frequent travelers and added that Article 29 which gives accused right to bail.
The defense said they will need to travel because one of the accused is a foreigner and will need to travel. He added that the accused is an Indian.
They also argued that depositing Identification documents in court will put their work under tremendous pressure when they are to show their immigration status. He will not be able to express himself if the passport is in court.
Maina said his clients have a big business and will need to travel and their work will be compromised.
The court was also informed that the second accused is being harassed by the complainant. His wife has also been under harassment and his wife has a work permit at Complainant Company.
Ruling on bail will be delivered at 2pm.
