Court orders merger of cases on Sh10bn fraud at TSS companies
Mr.Zein Mohamed Ahmed, left, and Zahira Abbas Khaku when they were charged in a Mombasa court on Feb 9, 2017 with forging documents belonging to the late Mombasa tycoon Mr Tahir Sheikh Said, popularly known as TSS. FILE PHOTO | NMG
Magistrate allowed DPP's application for the consolidation of the cases.
He further directed Assistant DPP Alexander Muteti to supply witness statements and exhibits to the defence team.
The suspects are set to take a fresh plea on March 23
A Mombasa court has directed the consolidation of three cases in which four men are charged with defrauding the late business magnate Tahir Sheikh Said of Sh10 billion.
Senior Principal Magistrate Francis Kyambia allowed an application by the Director of Public Prosecutions (DPP) Keriako Tobiko for the consolidation of the cases, where suspects were charged on diverse dates last month.
“I direct that the cases be consolidated on the next hearing,” stated Mr Kyambia in his ruling.
The magistrate further directed Assistant DPP Alexander Muteti to supply witness statements and exhibits to the defence team to enable them prepare their defence without undue delay of the case.
The suspects are set to take a fresh plea on March 23 and on the same day the court will also hear an application by Mr Muteti challenging lawyer Gikandi Ngibuini’s involvement in the case.
Mr Muteti had earlier hinted that Mr Ngibuini had previously represented the late TSS in another case, hence it would be a conflict of interest for him to represent one of the suspects in the current case.
The order for consolidation comes barely two weeks after the suspects, together with Kaab Investments Limited, withdrew an application they had filed at the High Court challenging their prosecution.
They had sued the DPP, the Inspector-General of Police Joseph Boinnet and Mombasa Chief Magistrate for their arrests and prosecutions, only to later change their mind and withdraw their case.
Their decision was also precipitated by change of circumstance in their case following their trial on diverse dates last month.
Messrs Zein Mohamed Ahmed and Zahira Abbas Khaku were first to be charged, followed by Mr Aweys Ahmed Mohamed and Mr James Mwangi.
The four denied five charges of forgery involving Sh 10 billion, the property of the late TSS.
They were accused of forging a guarantee indemnity which they purported to be a genuine document from TSS, enabling them secure a loan from Kenya Commercial Bank (KCB)in February 2011.
They also allegedly stolen documents from TSS Company including valuation reports, company certificate, PIN number and feasibility study booklet property to enable them secure the loan.
According to particulars of the charges, the suspects committed the offences on diverse dates between February 3 and 8, 2011, at the law firm of Cootow and Associates in Mombasa.
Among the companies that they allegedly defrauded were TSS Grain, Juja Coffee Exporters, TSS Investment, TSS Salt Manufactures, and Mvita Bottlers.
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