We suffered Sh79million loss after Kotecha failed to deliver sugar consignment order

United Millers directors and employees of the firm  accused of obtaining over Sh79.4 million in a  sugar deal by false pretences have today told a Court that the  charges against them were cooked.

Sunil Narshi Shah, Kamal Narshi, Henry Musyoka Kavita and Sales Manager Magnesh Kumar Verma and United millers today told City Court Magistrate Roselyn Aganyo Kotecha fixed them after he failed to deliver 100 per cent of the sugar they had ordered from him.

They all denied having conspired with intent to defraud B.N Kotecha and Sons limited Sh79 million.

Sunir in his defence told the magistrate that  despite having been paid the aggregate sum of Sh144 million to them, the Kotecha brothers failed to deliver the sugar ordered which consequently led United Millers Limited to suffer loss quantified in the sum of Sh79 million.

While defending themselves in the matter the directors testified that the civil case filed in 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.

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 for the company nor for the customers.

“Iam almost going for retirement and i wouldn’t want to be labled a thief,i have worked for 35 years without commiting any fraud” said Kavita.

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 testified in court that the LPOs in issue were genuine and that all the customers  who had testified in court confirmed the authenticity of the LPOs, that they issued the orders and none was fabricated or forged as claimed.

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.

Mangesh who is the 4th 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.

“We couldn’t supply sugar to our customers since Kotecha brothers failed to supply despite being paid the whole amount,they only supplied 20 per cent of what was ordered ,they later came and demanded for their money” he lamented.

They insisted that from the customers’ testimonies and the testimonies of the accused persons that the case was 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 with conspiracy to defraud B.N Kotecha and Sons Limited of Sh79, 471,000 on April 2, 2015, by falsely pretending that they had lost business as United Millers Limited, to their clients, a fact they knew to be false.

The case will now be mentioned on 14.1.2022 for directions and judgement date.