A director of an export processing company has been charged with conspiracy to defraud heirs of two deceased directors of their Sh100 million business empire.
Milimani Law Courts Senior Principal Magistrate Bernard Ochoi on Thursday ordered that Mr Shahdadpuri Chanihyam Choithram be detained at Muthaiga Police Station.
Mr Choithram, 71, denied 13 counts of forgery and theft. He has also been accused of presenting forged documents to the Registrar of Companies over the ownership of Global Apparels Kenya (EPZ) Limited-GAK (EPZ) Ltd which is owned by the late Suresh Lakhiani and Narain Choithram.
Mr Choithram is jointly charged with advocate Philemon Morara Apiemi with conspiracy to defraud heirs of the deceased directors the company GAK (EPZ) Ltd 250,000 ordinary shares worth Sh25 million and 750,000 preferential shares worth Sh75 million.
The two allegedly falsified transfer deeds and statutory declarations to the benefit of Mr Choithram.
During the alleged transactions, Mr Apiemi purported to be an advocate for GAK (EPZ) Ltd. The offence was allegedly committed between October 16, 2016 and June 13, 2018.
Mr Choithram allegedly stole 125,000 ordinary shares valued at Sh12.5million the property of Suresh Lakhiani (deceased) between October 14 and December 5 2016.
He was also charged with theft of 750,000 preference shares worth Sh75 million.
On June 13, 2018 Mr Choithram allegedly stole 250,000 ordinary shares worth Sh25 million from Narian Choithram Shahdadpuri Choithram (deceased).
He also denied stealing 75,000 preference shares valued at Sh75 million from the deceased couple.
He was also charged with making a resolution, a transfer and a statutory declaration for GAK (EPZ) Ltd, purporting to have been genuine documents signed by the deceased directors.
He allegedly presented forged documents to the Registrar of Companies with an intention of changing the ownership of the firm.
Defence lawyer Collins Ario applied for the release of the accused on bond saying he is not a flight risk.
But State prosecutor James Gachoka opposed this saying he is a foreign national who failed to show up on May 13, 2021 to answer the charges.
Mr Gachoka said the accused claimed he had been unwell. But Mr Ario urged the court to release the accused on bond saying he is a director of the EPZ Company which has employed so many people and is a taxpayer who has contributed to the growth of the economy.
“The accused herein has been living in Kenya for over 20 years and has been contributing to the growth of the economy,” Mr Ario told the court.
The lawyer said he availed to the court medical records showing that Mr Choithram had contracted Covid-19 two weeks ago.
The presiding judge said he needed time to study the documents availed by the defence and prosecution before he determines whether to free him or not.
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