Company secretary charged with fraud over alleged falsification of information
A company secretary has been charged with conspiracy to defraud a director of his share in the company where he had allegedly invested Sh40 million.
Victor Arara Were who appeared before Milimani chief magistrate Lucas Onyina is charged alongside two directors of Kilindini Warehouse (K) Limited Awadh Swaleh Said and Swaleh Awadh Saleh.
At the same time, Mr Onyina ordered the Police to arrest Said and Saleh as they did not turn up in court to answer charges filed against them by the office of the Director of Public Prosecutions (ODPP) on May 2, 2023.
Mr Onyina issued the warrant of arrest after a successful application by state prosecutor Anderson Gikunda who said Said and Saleh failed to turn up in court to face justice.
Mr Were denied two counts of conspiracy to defraud and fraudulent appropriation by directors when they were read out to him by Mr Onyina.
In the conspiracy charge, Mr Were was accused of conspiring to defraud Omar Saleh Said, his One Share held at Kilindini Warehouse (K) Limited.
Were who is charged alongside Awadh and Saleh allegedly committed the offence on diverse dates between December 1, 1999, and January 31, 2000, at an unknown place within the Republic of Kenya.
In the second count, Said, Saleh and Were charged that on January 14, 2000, within Nairobi County being directors and company secretary Kilindini Warehouse (K) Ltd respectively, falsified Form 203A which is a Notification of Change of directors and secretaries.
In the said notification, Mr Onyina heard, Said, Saleh, and Were purported that Omar Saleh Said had ceased to be a director of Kilindini Warehouse (K) Limited.
Were applied to be released on bond saying he will abide by the conditions that will be imposed by the court.
But the prosecution opposed Were’s release on bail saying that the accused person is a flight risk.
Mr Gikunda said the accused (were) was brought before the court under a warrant of arrest, after failing to appear in court on April 4, 2023, to answer the charges.
Also, he told the court that witnesses in the case have not recorded their statements.
The prosecution claimed the accused person did not cooperate with the police adding that he has been evading police for the last month when the warrant of arrest was issued against him.
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