Sh8.7 billion TSS fraud case fails to proceed

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 Monday.

This was after the court heard that one of the defence lawyers Mr Mohamed Jelle was unwell which prompted an application to have the case adjourned.

“I have instructions from Mr Jelle to apply for adjournment, he is indisposed, he was admitted in hospital and discharged,” Mr Gakuhi Gacaku said while making the application.

Prosecution counsel Ngina Mutua had told the court he was ready to proceed with the hearing of the case with a witness who had initially been stood down.

“It is unfortunate that counsel for the second accused is indisposed. It will be inhuman to oppose the application for adjournment,” Ms Mutua told senior principal magistrate Francis Kyambia.

Other defence lawyers Cliff Ombeta and Salim Ghalia did not object to the application to have the case adjourned.

During the last hearing date in June, the magistrate had directed that the prosecution presents all their witnesses during the hearing of the case.

The accused are Mr James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas and Victor Were.

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 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 #ticker:KCB .

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.

In his short ruling, the magistrate allowed the application for adjournment due to the ill health of Mr Jelle.

Mr Kyambia fixed the case for hearing on November 20.