Two businessmen have been charged with obtaining goods worth KSh115 million by false pretences in connection with a disputed coffee supply deal. The two Kibet Torut and Peter Kinyua appeared before Milimani law court and denied the charges that they obtained 2,383 bags of 60-kilogramme Kenya Arabica coffee between January 1 and January 24, 2024.
According to the prosecution, the two, jointly with another person who was not before the court, obtained the coffee from Peter Njuki by falsely pretending that there was a genuine coffee supply contract between Savikov Limited and Geely Investments Limited. The prosecution alleges that the accused knew the representation to be false. During the hearing, the defence argued that the case arose from a commercial dispute between companies that had done business together for nearly a decade.
Lawyers for the accused told the court that more than KSh67 million had already been paid under the disputed contract, challenging the allegation that the transaction was based on a fraudulent agreement.
The defence further pointed out that a civil case concerning the same contract is pending before the High Court Commercial Division, where Gilley Investments Limited is seeking payment from Savikof Limited. Counsel Marete argued that the contract contains an arbitration clause requiring disputes arising from it to be resolved in London under the rules of the British Coffee Association. The defence urged the court to grant the accused lenient cash bail, arguing that they were not flight risks and had previously cooperated with investigators. The prosecution did not oppose the accused being released on bail or bond. The court subsequently granted each accused a KSh700,000 bond with one surety of a similar amount, or a cash bail of KSh350,000 with one contact person.
