The Chairman of Savannah Cement Chairman Benson Sande Ndeta has been charged with conspiracy to see defraud ABSA bank USD 35 million (apprx Sh 4.5 billion).
Ndeta is accused of conspiring to defraud ABSA Bank, formerly Barclays Bank of Kenya purporting to act on behalf of Savannah Cement Limited.
It is alleged that he committed the offense on diverse dates between 27th February 2017 and 24th January 2018 within the Republic, jointly with US citizen Charles Hills Jr.
The businessman is also charged with obtaining credit amounting to Sh 4.5 billion, purporting to be acting on behalf of Savannah Cement Limited, with intent to defraud ABSA bank.
In addition, the businessman is also facing three counts of making documents without authority.
According to the charge sheet, Ndenda, without lawful authority or excuse jointly with another not before court, made a guarantee and indemnity form purporting it to be from Savannah Cement Limited, a fact he knew to be false.
He is also accused of making a subordination Agreement and an extract of minutes of Savannah Heights Limited purporting them to be from Savannah Cement Limited,a fact he knew to be false.
Ndeta is facing more charges of uttering the forged documents to Christine Mwende Nzau, the bank’s Corporate Relationship Manager, purporting them to be from Savannah Cement Limited.
He denied the charges before Principal Magistrate Gilbert Shikwe.
The American Counterpart
His co-accused, Charles Hills Jr. who did not appear in court, is facing charges of forgery, obtaining registration by false pretenses and obtaining execution of a security by false pretenses.
Hills is accused of forging an extract from the minutes of a meeting of the board of directors of Savannah Heights Limited held on 24th January 2018, pretending to be the chairman of Savannah Heights Limited.
Further, the American citizen is accused of willfully procuring for Savannah Cement Limited a Guarantee and certificate of indemnity by false pretending that he was a director/secretary of Savannah Heights Limited.
Lastly, the accused is charged with inducing ABSA Bank Kenya PLC to accept six cooperate guarantee loan security documents purporting them to be issued by Savannah Cement Limited.
Hills allegedly committed the offenses on diverse dates between 27th February 2017 and 9th May 2018, within the Republic of Kenya.
The prosecution opposed Ndeta’s release on bail on grounds that that he may interfere with witnesses.
According to the prosecution, Ndeta is a person of influence which gives him the ability to interfere with witnesses.
“The accused person is the Chairman of Savannah Cement, therefore a person of influence since the complainants are his co-directors.
The court also heard that he is a flight risk since the investigators do not know his place of residence.
However, the defense team, led by lawyer Cecil Miller opposed the application to deny the businessman bail.
Miller told the court that his client should be granted lenient bail since he has health complications that require frequent medical access.
The advocate added that Ndeta is not a flight risk since he has a fixed abode in Karen, Nairobi where he resides with his family.
“The respondent has a fixed abode in Karen where he lives. He is a family man with school going children,” Miller added.
Miller noted that his client was willing to deposit his passport in court a show of goodwill that he will not abscond.
The magistrate will deliver the ruling on Monday, 2nd December 2024. In the meantime, Ndeta will be detained at Muthaiga Police Station.
