Five charged with defrauding TSS Sh8.7 billion

From right: James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas and Victor Were at the Mombasa Law Courts on March 22, 2017 where they were charged with conspiracy to defraud the late tycoon Tahir Sheikh Said Sh8.7 billion among others charges. They faced the charges afresh following consolidation of three cases in which four of them had been separately charged. PHOTO | PHILIP MUYANGA | NATION MEDIA GROUP

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

Mr James Mwangi, Aweys Ahmed, Zein Ahmed, Zahir Abbas and Victor Were faced the charges afresh following 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 Mr Said, 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 (KCB).

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.

They 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, they 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.

But 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 to be supplied within the next seven days and the case was fixed for hearing on June 6 and 8.