Two Kisumu United miller directors have a case to answer, a Nairobi court has ruled.
Sunil Narshi Shah and Kamal Narshi alongside three other employees at the same company; Henry Musyoka Kavita and Sales manager Mangesh Kumar, will now be required to defend themselves in a Sh79 million graft case.
Magistrate Roselyn Oganyo ruled that the prosecution had proven its case beyond reasonable doubt.
“I am satisfied that the prosecution have established a case to warrant the suspects to be put on their defence, I hereby order all the accused to defend themselves in the matter,” ruled Oganyo.
The prosecution has 11 witnesses testifying against the accused persons.
The defence hearing is set for December 15 and 17.
The directors have been accused of attempting to defraud Kotecha & Sons Limited of Sh79 million through fake court documents.
The duo pleaded not guilty to conspiracy to defraud and presenting fake documents charges.
The accused persons are said to have lied about losing business to their clients by failure to supply sugar.
Shah and Kamal were jointly charged alongside Henry Musyoki Kavita, Magnesh Kumar Verma, and United Millers with conspiracy to defraud B.N Kotecha and Sons Limited of Sh 79, 471,000 on April 2, 2015, by falsely pretending that they had lost business as United Millers Limited, to their clients, a fact they knew to be false.
They also face a second charge of conspiracy to defeat the course of justice on October 13, 2015 at Kisumu High Court within the country.
They jointly conspired 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 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.
They are out on a cash bail of Sh400,000 each.