Defence lawyers told the court that they were not ready to proceed with the hearing of case saying the Director of Public Prosecutions has not supplied them with witness statements.
Prosecution counsel Ngina Mutua, told the court that she had five witnesses in court and was ready to proceed with the hearing of the case.
Ms Mutua said she was surprised that the DPP was being accused of not supplying all the witness statements to the defence.
A case in which five men have been charged with conspiracy to defraud the late business tycoon Tahir Sheikh Said Sh8.7 billion failed to proceed for hearing for the second time.
Defence lawyers told the court that they were not ready to proceed with the hearing of case saying the Director of Public Prosecutions has not supplied them with witness statements.
“Despite having followed with the DPP to be supplied with statements and exhibits, the DPP and the police have ignored the request,” said one of the lawyers Gikandi Ngibuini.
Mr Ngibuini told the court that there were two cartons in court which he believed were documentary exhibits which they have not been supplied with.
Prosecution counsel Ngina Mutua, told the court that she had five witnesses in court and was ready to proceed with the hearing of the case.
Ms Mutua said she was surprised that the DPP was being accused of not supplying all the witness statements to the defence.
Mombasa senior principal magistrate Francis Kyambia directed the prosecution to supply the defence with the documents they will rely on during the hearing of the case.
In June when the case was supposed to be heard, the trial court was not sitting hence the hearing of the case was fixed for Tuesday.
The accused are Mr James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas and Victor Were. The case has been fixed for hearing on September 12.
According to the prosecution, the accused jointly with others not before court conspired to defraud the late Said who was popularly known as TSS, the money.
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 by pretending that he (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 deed of guarantee and indemnity purporting it to be genuine made by the late tycoon to enable them secure a bank loan of Sh1.5 billion the property of 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, 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 have denied the charges and were released on a Sh3 million bond with a surety of similar amount.
The case has now been fixed for hearing on December 4.
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