United Millers Directors and employees accused of obtaining over Ksh79.4 million in a sugar deal by false pretences have today told Nairobi City court that the charges against them were cooked.
Sunil Narshi Shah, Kamal Narshi, Henry Musyoka Kavita and Sales Manager Magnesh Kumar Verma told Chief Magistrate Roselyn Aganyo that B.N Kotecha and Sons Limited company fixed them after he failed to deliver the correct amount of sugar they had ordered from him.
They all denied having conspired with intent to con the company.
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While defending themselves in the matter, the directors testified that the civil case filed at Kisumu High Court was justified as it was for the purpose of recovering the principal sum as well as the damages in terms of loss of profit.
They asked the magistrate to acquit them of the charges levelled against them claiming they were clearly fabricated and were an afterthought.
Sunir in his defence told the magistrate that despite having been paid the aggregate sum of Ksh144 million, the Kotecha brothers failed to deliver the sugar ordered which consequently led United Millers Limited to suffer a great loss.
Henry Kavita who told the court that he had lost his wife said he has worked for United Millers for over 35 years and he has never lost money that belongs to the company or its customers.
"I'm almost going for retirement and I wouldn't want to be labelled a thief. I have worked for 35 years without committing any fraud," Kavita said.
He testified at length as to how he personally visited the company's customers based in Mt Kenya region and was issued with various orders for the supply of sugar.
He said that the LPOs issued were genuine and that all the customers who had testified in court confirmed the authenticity of the LPOs.
He further testified that had the sugar been available, all the customers who had placed orders would have accepted delivery and paid for the sugar.
Magnesh who is the fourth accused also asked the court to acquit him claiming that indeed United Millers had orders for sugar from various customers but which they failed to deliver due to the failure on the part of Kotecha to supply sugar as agreed.
They insisted that from the customers’ testimonies and the testimonies of the accused persons, the case was a civil matter and not a criminal matter arising out of breach of contract over the agreement for the supply of sugar.
Shah and Kamal were jointly charged alongside Henry Musyoki Kavita, Magnesh Kumar Verma, and United Millers company with conspiracy to defraud B.N Kotecha and Sons Limited of Ksh79, 471,000 on April 2, 2015.
The case will now be mentioned on January 14, 2022, for directions and a judgement date.
