An Indian national and a local businessman have been charged with conspiracy to defraud Festive Bread Company against the law.
The two Anand Kumar Bharatkumat Modi and Keval Umit Shar who appeared before Magistrate Bernard Ochoi of Milimani law courts pleaded not guilty to the charges.
They face three counts of fraud including making a document without authority and altering a legal document which is against the law.
“Anand Kumar Bharatkumat Modi you are charged that on diverse dates of April 15, 2021, and July 14, 2021, at an unknown place within the country, jointly with others not before the court, you conspired with intend to defraud and uploaded a forged application for cancellation of work permit document for Mr Anand Kumar Bharatkumat Modi dated April 28, 2021, to the immigration online work permit portal” the charge sheet read in part.
They two are said to have purported the document to be genuine and duly signed and issued by the director of DPL Festive ltd while fully aware that the document was fake.
Anand Kumar Bharatkumat Modi faced a second count of forging a document against the law.
He was charged that on similar dates and places, he made an application for cancellation of work permit document for Mr Anand Kumar Bharatkumat Modi dated April 28, 2021, to the immigration online work permit portal pretending it was genuine.
In the last count, Umit Shar was charged with altering the said document to the immigration online work permit portal on similar dates and places against the law.
Through their lawyer, the accused pleaded with the court to be released on Ksh30,000 cash bail stating that Anand Kumar Bharatkumat Modi had previously worked with the complainant, Festive Limited Company for one year.
He told the court that Anand’s wife also worked for the company for a similar period arguing that they are not a flight risk.
Their lawyer said that the co-accused left Festive ltd and established their own company which is now competing with Festive ltd.
“The wife of the second accused is still working with the complainant to date,” the lawyer said adding that Umit Shar is a director of Panafric Bakery and there is an element of competition between the two companies.
“The prosecution still holds a laptop belonging to Umit which was surrendered to them for forensic examination and they want it returned because he uses it for business, “he added.
The accused promised total cooperation with the investigation officers until the matter is heard and settled.
The prosecution did not oppose their release on bail but argued that a cash bail of Ksh30,000 will be too minimal in regard to the offence they are accused of committing.
The complainant asked the court to have the accused deposit a passport in court to avoid compromising their prosecution by ensuring they totally co-operate by attending all court proceedings.
They added that Anand Kumar Bharatkumat Modi is a foreigner and the nature of the offence involves falsification of documents from the immigration office.
The two were released on a bond of Ksh500k with a surety of a similar amount. The case will be mentioned in 14 days.
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