Mombasa businessman Awadh Swale risks arrest for skipping court sessions
A Mombasa-based businessman and his son have for the past year skipped court sessions over a fraud case linked to the ownership of Kilindini Warehouse (Kenya) Limited.
Consequently, Mr Awadh Swale Said and his son Swale Saleh have been summoned by Senior Magistrate Zainab Abdul at the Milimani Law Courts for the next hearing failure to which they will be arrested.
The duo has since April 2023 failed to appear before the court.
They claim to be unwell with a doctor’s letter presented in court indicating they were under the weather.
The magistrate has asked authorities to investigate the claims.
Mr Said and Mr Saleh alongside a third suspect identified as Mr Victor Were are accused of changing the ownership details of Kilindini Warehouse (Kenya) Limited.
“On diverse dates between December 1, 1999 and January 31, 2000, at an unknown place within the Republic of Kenya conspired with the intent to defraud Omar Saleh Said of his share held at Kilindini Warehouse Limited,” a charge sheet on the case read in part.
The prosecution told the court that the two suspects had taken the court in circles after they went ahead and filed an application before the High Court which was aimed at doing away with the criminal matter.
Mr Victor Were was also charged with falsifying a document which is known as a notification of change of directors at the company and secretaries form 203A which showed that the complainant conspired with intent to defraud Mr Omar of his share held at Kilindini Warehouse Limited.
In addition, Mr Were was separately charged with fraudulently forging a notification of change of directors and secretaries to show that Omar Saleh Said had ceased to be a director of the said entity, a fact he knew to be false.
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