A city lawyer and a tycoon have been charged with allegedly defrauding heirs of a deceased couple of their business empire valued over Sh100 million.
Appearing before Milimani Law Courts Chief Magistrate Francis Andayi on Thursday, the lawyer Philemon Morara Apiemi denied seven counts. He is jointly charged alongside Shahdadpuri Chanshymam Choithram who failed to appear in court to plead to 13 counts against him.
Mr Choithram’s lawyer told the court that his client had contracted Covid-19 and had been advised to remain in isolation.
“I will produce Mr Choithram in court after 14 days to plead to the charges,” the lawyer told the court.
While purporting to be the director and external lawyer for Global Apparels Kenya (EPZ) Limited (GAK (EPZ) Ltd respectively, Mr Choithram and Mr Apiemi are accused of conspiring to defraud heirs of Suresh Lakhian and Narian Choithram Shahdadpuri (both deceased) shares in the company.
The two are said to have transferred 250,000 ordinary shares valued at Sh25 million and 750,000 preferential shares valued at Sh75 million by allegedly falsifying resolutions, a transfer deed and statutory declarations of GAK (EPZ) Ltd.
They allegedly executed the fraud between October 16, 2016 and June 13, 2018.
The two are charged with unlawfully making a transfer deed on June 18, 2018. They purported that the documents were the genuine ones signed by Lakhian and Narian.
On December 5 2016, Mr Apiemi allegedly prepared the transfer deed, being the lawyer for GAK (EPZ) Ltd. He was also charged with making a Statutory Declaration dated September 6, 2017 purporting to have been sworn by Narian.
He is also accused of making another Statutory Declaration dated October 14 2016 sworn by the late Suresh.
Mr Apiemi denied presenting the forged written resolution, statutory declarations dated October 14 2017 and the transfer deed dated December 5, 2016 to the Registrar of Companies at the Attorney General Chambers.
On July 13 2019 he allegedly presented to the Registrar of Companies the forged statutory declaration dated June 7, 2017 and the transfer deed dated June 13 purporting they were genuine.
He was freed on a cash bail of Sh500,000 until May 12, 2021 when he will return to court for further directions.
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