Case against Global Apparels director, city lawyer withdrawn after returning stolen Sh100 million shares
Magistrate allowed DPP's plea after confirming with the complainant, Harish Suresh Lakhiani, that the matter has been resolved
A case in which a Nairobi lawyer and a brother to the owner of an Export Processing Zone (EPZ)-based company had been accused of fraudulently obtaining shares worth Ksh 100 million has been withdrawn after they surrendered them.
The Director of Public Prosecutions (DPP) successfully applied to Milimani Senior Principal Magistrate Dolphina Alego withdraw the case against lawyer Philemon Morara Apiemi and Shahdadpuri Chanshyam Choithram, a director in Global Apparels Kenya (EPZ) Limited.
“I have heard the prosecution and the complainant to withdraw this case after a settlement has been reached. This case is hereby marked as withdrawn under Section 87(a) of the CPC.. The accused are hereby freed,” the magistrate ruled.
The DPP decided to withdraw the case against Morara, an external lawyer in the company, following the restitution of shares stolen from two heirs of the EPZ company by their uncle Choithram.
Through state prosecutor James Gachoka, he applied the matter be withdrawn against the two saying “the matter has been settled out of court and a resolution reached.”
The magistrate allowed the DPP’s application after confirming with the complainant, Harish Suresh Lakhiani, that the matter has been resolved.
“Have you resolved this dispute?” The magistrate asked Suresh.
“Yes, the matter has been settled and I wish the case be withdrawn against the two,” Suresh responded.
Morara and Choithram were jointly charged that being an external lawyer and a director of Global Apparels Kenya (EPZ), they conspired to defraud heirs of Suresh Lakhiani and Narrain Choithram (both deceased) of 250,000 ordinary shares worth Ksh 25 million and 75,000 preferential shares (worth Ksh 75 million).
They were accused of falsifying the company’s resolutions, transfer, deeds and statutory declarations to benefit Choithram, a fact they knew was false false.
They allegedly committed the offence between October 16, 2016 and June 13, 2018.
The prosecution had also alleged that on July 12, 2018, Choithram and Morara knowingly and fraudulently uttered a forged EPZ Ltd written resolution, statutory declaration all dated October 24, 2017, and transfer deed dated December 5, 2016, at registrar of companies within Nairobi purporting it to be a genuine document.
The duo had been further accused of intending to defraud and without lawful authority made a statutory declaration dated October 14, 2016 purporting it to be statutory declaration sworn by Harish Suresh Lakhian.
The accused in response to the withdrawal application stated that they unequivocally forgave the complainant despite the consequent pain and suffering arising from the ill advised criminal complaint against them.
After terminating the case, the magistrate further ordered their cash bails of Ksh 300,000 and Ksh 500,000 respectively be refunded back to them.
