Two directors of United Millers company alongside the two employees accused of obtaining over Sh79.4 million sugar deal by false pretences have defended themselves, saying the charges were fabricated.
The accused Sunil Narshi Shah and Kamal Narshi, Henry Musyoka Kavita and Sales manager Magnesh Kumar Verma and United Millers defended themselves before City Court chief magistrate Roselyne Onyango.
They denied that they jointly conspired with intent to defraud B.N Kotecha and Sons limited.
The directors who are represented by Lawyer Martin Gitonga testified that despite having been paid the aggregate sum of Sh144 million, the Kotecha brothers failed to deliver the sugar ordered, which consequently led the company to suffer a loss quantified in the sum of Sh79 million.
They testified that the civil case filed in Kisumu High Court was justified as it was for the purpose of recovering the principal sum as well as the damages in terms of loss of profit.
They both emphasised that the charges leveled against them were clearly fabricated an afterthought and that the court ought to do justice by acquitting them.
Henry Kavita, an employee of United Millers for over 35 years testified at length as to how he personally visited the company’s customers based in the Mt Kenya region and was issued with various orders for the supply of sugar.
He testified in court that the LPOs in issue were genuine and that all the customers who had testified in court confirmed the authenticity of the LPOs, that they issued the orders and none was fabricated or forged as claimed.
Further, Kavita testified that had the sugar been available, all the customers who had placed orders would have accepted delivery and paid for the sugar.
His testimony was corroborated by his supervisor, Mangesh who is the fourth accused and who confirmed that indeed United Millers had orders for sugar from various customers but which they failed to deliver due to the failure on the part of Kotecha to supply sugar as agreed.
He confirmed that the company had suffered loss as a result of the failure of Kotecha brothers.
They insisted that from the customers’ testimonies and the testimonies of the accused persons that the case was a civil matter and not a criminal matter arising out of breach of contract over the agreement for the supply of sugar.
The case will be mentioned on January 14, 2022.
In October, magistrate Onganyo found that the accused persons had a case to answer.
“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,” Oganyo ruled.
Prosecution counsel Eveline Onuga had called 11 witnesses before closing her case.
According to a charge sheet, Shah and Narshi were charged together with Kavita and Varma and United millers.
They are accused that on April 2, 2015, at an unknown place within the country, they jointly conspired with intent to defraud B.N Kotecha and Sons limited of Sh79,471,000, by falsely pretending that they had lost business as United Miller’s LTD to their clients by failure to supply sugar.
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