This archive report was first published on 26 June 2020.
The High Court has temporarily halted the trial of two Kisumu businessmen accused of conspiring to defraud another of Sh50 million.
On June 3, Sunil Shah and Kamal Shah, directors at United Millers, were arrested and transferred to the Directorate of Criminal Investigations (DCI) headquarters in Nairobi after the Director of Public Prosecutions (DPP) recommended that they be jointly charged with conspiracy to defeat justice, forgery, and uttering a false document to defraud B.N. Kotecha and Sons.
The two were to face seven charges, including using forged local purchase orders to claim special damages in High Court Civil Suit No. 38 of 2015 in Kisumu for breach of contract and leading to loss of business.
However, in a petition filed on June 18, the two directors claim that Mr Kotecha's taking them to court amounts to abuse of authority by attempting to challenge a decision of the High Court in a commercial dispute using criminal law.
They sought orders from the court to declare that their arrest and intended arraignment contravenes the Constitution, award them general damages for the distress and mental anguish caused by the infringement of their fundamental rights and freedoms, and the inconvenience caused by the suit.
According to the petition, the two are the target of unfair, unprocedural, and grossly flawed investigations for alleged conspiracy to defeat the course of justice and other offences.
On June 25, Judge Tripsisa Cherere suspended their plea-taking, citing a petition filed by the four on June 18.
The case will be mentioned on July 14 via videoconferencing to confirm compliance with orders issued by the court and for further directions.
