A Company Director has been charged at Milimani law court with attempting to defraud one of other directors of his share.
Victor Arara Were has appeared before Milimani Law courts chief magistrate Lucas Onyina and denied two counts of conspiracy to defraud and fraudulent appropriation by directors against the law.
Arara is charged together with other two directors Awadh Swaleh Said and Swaleh Awadh Saleh who were not present in court and are relatives with the complainant.
He was charged that on diverse dates between December 1, 1999 and January 31, 2000 at unknown place within the republic of Kenya conspired with intent to defraud Omar Saleh Said of his one share held at Kilindini warehouse Limited.
Arara was charged that on January 14, 2000 in Nairobi, jointly with others not before court, being directors and Company Secretary respectively of Kilindini Warehouse with intent to defraud, falsified a notification of Change of directors and secretaries form 203A purporting to show that Omar Saleh Said had ceased to be a director of the said entity knowing it was false.
The prosecution opposed their release on bail saying that the accused were supposed to be reporting to DCI since 2014 but they failed.
In an affidavit filed by Officer Keith Robert, the suspects evaded arrest for processing for purposes of arraignment before court and argued that in the absence of competent arrest warrants they would not honor any summons to the police station.
The police said they obtained the warrant of arrest on April 4, 2023 at the Nairobi Milimani Chief Magistrates court in Nairobi.
Arara was arrested on Thursday April 27, 2023 in Mombasa County and escorted to police after numerous efforts that involved multi agency cooperation.
The police said they have compelling reasons to oppose bail against the accused.
They said the accused did not honor summons that had been issued to him after he had appeared at the DCI in 2014 to assist in investigations.
“The accused proved a logistical nightmare in that his arrest consisted of efforts by a multi-agency task force with intelligence pinpointing his exact location after he evaded several arrest attempts, “added Officer Robert in court documents.
He added that because the other two accused persons are yet to be arrested, the accused that has close relationship with them may interfere with investigations.
Through their lawyer, the accused pleaded with the court to be released on favorable bond terms saying that there is an anticipatory bail in court that was issued by the high court.
Ruling on bail will be delivered tomorrow.
