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Late Mombasa tycoon’s son denies signing deed to facilitate Sh8bn loan
Aweys Ahmed Mohamed (left) and Zein Ahmed Mohamed when they appeared in a Malindi court where they were charged with defrauding the family of the late businessman Tahir Sheikh Said (TSS) of Sh1 billion on June 11, 2019 .
A son of the late Mombasa tycoon Tahir Sheikh Said (TSS) has denied signing a deed of guarantee by TSS Fish Processing Limited, where he is a director, to facilitate the issuance of a bank loan.
A deed of guarantee is a legal document that serves as a formal promise by an individual (the guarantor) to assume responsibility for the debt or obligation of another party (the principal debtor) if the principal debtor fails to fulfil their obligations.
Mr Said Tahir further told the court that he did not consent to any of the company’s property being used as security for the loan.
He was testifying before Mombasa Chief Magistrate Alex Ithuku in a case where five people had been charged with several counts, among them, conspiracy to defraud his late father of Sh8.7 billion.
The accused are James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas, and Victor Were.
Mr Tahir, who was being led in his evidence-in-chief by prosecutor Alex Ndiema, told the court that on February 13, 2017, he received a report that a document had been recovered by Directorate of Criminal Investigations (DCI) officers bearing his name and signature.
The witness also told the court that he went to the DCI offices, where he was shown a deed of guarantee and indemnity by TSS Fish Processing Ltd. Upon further examination, he found that the signature was not his.
He added that he did not give instructions to any law firm to draw up the deed of guarantee and indemnity, and neither did he write any letter to a bank.
“TSS Fish Processing Ltd did not complain over the deed of guarantee, Mzee (his late father) did not tell me the document had been forged without his knowledge,” said Mr Twahir upon cross-examination by defence lawyers.
Mr Tahir also told the court that his late father was the majority shareholder of TSS Fish Processing Ltd and that he made all company decisions. Upon further cross-examination, the witness testified that he was shocked that a title deed to the company’s property was released by his sister as security, saying he had no idea about it.
The witness also said he was not aware that lawyers were not accused of preparing a forged document, nor was he aware that one of the accused (Aweys) had forged his signature.
“I was not there, the police did not tell me who forged the signature,” said Mr Tahir, adding that the fish processing company had closed its operations but had not been wound up.
According to the prosecution, the accused, jointly with others not before the court, conspired to defraud the late TSS of the money.
The court heard that the accused conspired to defraud the deceased by filing false share transfers and changes of directorship in TSS Group of Companies with the Registrar of Companies, pretending that he (the deceased) had voluntarily released his shares to Isha Said.
The offence is alleged 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 document made by the late tycoon to enable them to secure a bank loan of Sh1.5 billion from Kenya Commercial Bank. The accused also face six other counts of forgery.
Mr Mwangi and Mr Aweys Mohamed have been charged with stealing valuation reports, a certificate of lease, a PIN certificate, and a feasibility study booklet belonging to the deceased. The two were also charged with an alternative count of handling stolen goods. Hearing continues.
