Five suspects charged afresh over Sh8.7 billion TSS fraud

From left: Victor Were, Aweys Ahmed, Zein Ahmed, Zahir Abbas and James Mwangi at the Mombasa Law Courts, March 23 2017. PHOTO | PHILIP MUYANGA | NMG

What you need to know:

  • The court heard that the accused conspired to defraud the deceased by filing false share transfer and change of directorship of TSS companies.
  • The accused were also charged with forging deed of guarantee and indemnity
  • The case was fixed for hearing on June 6 and 8.

Five men were Thursday charged with conspiracy to defraud the late business tycoon Tahir Sheikh Said Sh8.7 billion.

James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas and Victor Were were freshly charged after the consolidation of three cases in which four of them had been separately charged.

According to the prosecution, the accused, jointly with others not before court, conspired to defraud the late Said, popularly known as TSS.

The court heard that the accused conspired to defraud the deceased by filing false share transfer and change of directorship of TSS Group of companies with the Registrar of Companies.

The accused allegedly pretended that the (deceased) had voluntarily released his shares to Isha Said.

The offence is said to have been committed on diverse dates between February 8, 2011 and October 29, 2015 at TSS Grain Millers in Mombasa.

The accused were also charged with forging a deed of guarantee and indemnity, purporting it to be a genuine one made by the late tycoon to enable them secure a loan of Sh1.5 billion from the Kenya Commercial Bank.

Six counts of forgery

The accused, who appeared before Mombasa Senior Principal Magistrate Francis Kyambia, also faced six other counts of forgery.

Mr Mwangi and Mr Aweys Mohamed were also charged with stealing valuation reports, certificate of lease, PIN certificate and feasibility study booklet belonging to the deceased.

The two were also charged with an alternative count of handling stolen goods.

The accused denied the charges and the court maintained the Sh3 million bond with a surety of similar amount which it had earlier given.

Through their lawyers, the accused sought to be given witness statements and any documents the prosecution intends to use during the trial.

“Article 50 (of the constitution) clearly provides an accused has the right to be supplied with copies of witness statements and exhibits,” said lawyer Gikandi Ngibuini representing one of the accused.

Senior Assistant Director of Public Prosecution Alexander Muteti said their duty was only to make available the statements and any documentary evidence they intend to rely on to the defence.

The court directed that witness statements be supplied within the next seven days.

The case was fixed for hearing on June 6 and 8.

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