Two Directors of Rosalia Blooms Limited have suffered a blow after the high court declined to suspend their prosecution at the lower court.
While delivering the Judgement, Justice Lilian Mutende, ruled that there was no proof that the prosecution was abusing the court process.
Justice Mutende faulted the two directors saying they challenged their prosecution too late.
The two Mr. Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai are the directors of a flower firm and are accused of stealing Sh107 million from the company.
Mr. Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai had challenged their prosecution arguing that the charges were illegal and that the trial court failed to distinguish the company as a separate entity from its directors as they cannot be held liable for the acts of the company.
The couple were charged in August last year, together with two employees Isaac Ikua Kihara and Chris Oyunge, and denied a total of nine counts including conspiracy to defraud and forgery.
According to the charge sheet, Kumar between September 2021 and August 2022 in Nairobi County being the director of Heritage Flowers Company stole Euros 368,416.71 and 348,166.94 USD which came to his possession by virtue of his employment.
Kumar was further charged alongside Ranjeeta Pandey Rai, Isaac Jkua Kihara, Chris Oyunge Ontita for conspiring to defraud Heritage Flowers Limited company Ksh 117,718,596.
Kumar, Ranjeeta and Rosalia Blooms Limited was separately charged with money laundering where they were accused of engaging in a transaction to conceal an ammount of Ksh 107 million while having reason that the money was proceeds of crime.
