A company director was on Monday charged before a Nairobi court with falsely obtaining goods worth Sh 8 million from Wakulima Flour Millers.
Abdi Mohammed Ali was arraigned in a Milimani court and denied the charge of obtaining goods by false pretence.
It was alleged that between November 29 last year and July 11 this year at Mega wholesalers in Eastleigh within Nairobi County with intent to defraud obtained from Wakulima Flour Millers Limited maize meals valued at Sh 8,657,507 by falsely pretending that he would pay at a later date, a fact he knew to be false.
He denied the charged before Magistrate Susan Shitubi and through his lawyer told court that the matter was a civil case and not criminal.
Through his lawyer, Ali said there was a matter at the commercial court further claiming that there were negotiations that were ongoing between him that he complainant.
The court heard that Ali had deposited a sum of Sh 1 Million to Wakulima’s account and if the civil dispute is sorted then it will also end the criminal proceedings before court.
He asked to have the matter held in abeyance and they continue with negotiations on how to settle the civil case further suggesting a period of three months.
Ali said after three months they are keen to file a consent with the court which will in turn close the criminal file.
The prosecution opposed to the application telling court that both the civil and criminal cases can proceed concurrently adding that the criminal element has been demonstrated that’s why he was charged.
Magistrate Shitubi said she will deliver the ruling on August 2 as she needed time to consider the submissions by both sides.
