by CAROLYNE KUBWA
Sunday February 5, 2023
Sunspot Petroleum Limited director Abdighani Abdirahman Abdi
Image: CAROLYNE KUBWA
A company director accused of stealing Sh10 million by virtue of employment is wanted by the court after jumping bail.Last month, chief magistrate Wendy Micheni who has since been transferred issued the warrant of arrest against the accused.
Milimani chief magistrate Susan Shitubi canceled Abdighani Abdirahman Abdi's cash bail after he failed to appear in court three times to attend to his case.
Abdirahman is said to have absconded court after being charged last year with theft and forgery.
When the matter came up on February 3 for mention, Abdirahman was still missing in court. His lawyer was also absent from court.
This prompted the magistrate to cancel his bond terms and extended the arrest warrant against him.
His Sh300,000 cash bail was forfeited to the state.
The case will be mentioned on February 17.
In court, the accused is charged that on November 3, 2021, and August 31, 2022, at Diamond Trust Bank Koinange branch in Nairobi, being a director of Sunspot Petroleum Limited stole Sh10,248,592, the property of the petroleum firm which he took in his possession by virtual of his directorship.
The prosecution said that on October 12, 2020, at an unknown place within the republic of Kenya, with others not before the court with intent to defraud, Abdirahman forged a resolution of the board of directors meeting of Sunspot Petroleum Limited held on October 12, 2020.
He purported it to be a genuine board meeting resolution of directors of Sunspot Petroleum Limited endorsed and signed by Hafsa Bulhan Hussein, a director of the company.
In the third count, Abdirahman was charged that at an unknown place within the republic of Kenya, jointly with others not before the court, and with intent to defraud, he forged a registrar of companies Notice of Directors Particulars purporting it to be a genuine notice of Change of directors particulars lodged and signed by Hafsa Bulhan Hussein a director of Sunspot Petroleum Limited.
He also allegedly forged a resignation as a director/shareholder of a company letter dated February 8, 2021, purporting it to be a genuine and valid letter of resignation as a director /shareholder written and signed by Hafsa Bulhan Hussein.
The court heard, he also forged a statutory declaration of affidavit purporting it to be a genuine and valid statutory declaration of an affidavit for change of email address sworn and signed by Hafsa Bulhan Hussein before Samuel O. Makori advocates and Commissioners for Oaths.
The director faces another charge that on or before February 8, 2021, at an unknown place within the republic of Kenya, jointly with others not before the court, with intent to defraud, forged a statutory declaration of the affidavit, purporting it to be a genuine and valid statutory declaration of affidavit for forfeiture of 500 company shares, sworn and signed by Hafsa before Samuel Makori, an advocate and Commissioner for Oaths.
The lawyer for complainant Solomon Olonde Kepher had opposed the bail application saying the accused was threatening the complainant saying he will kill him.
"If released, the accused may flee to Somalia and has no known place of abode," added Olonde.
The court was also informed that the accused was likely to interfere with witnesses because the complainants are his relatives who are brothers and sisters-in-law.
The accused pleaded with the court to be released on bail saying he was not a flight risk.