Two directors of Tuskys supermarket denied five counts of stealing Sh1.6 billion from the stores.
Mukuha Kamau and George Gachwe Kamau allegedly stole the said amount of money on diverse dates between year 2002 and 2012 at Tuskys Headquarters along Mombasa Road.
The two brothers who appeared before Chief Magistrate Daniel Ogembo allegedly committed the offenses jointly with others who were not before the court.
According to the charge sheet, the two directors stole Sh400 million in the first count, Sh279 in the second count, Sh200 million in the third count, Sh322 million in the fourth county and Sh441 million in the fifth count.
Their lawyer Saitabao Kanchory requested for a favorable bond term on grounds that there was no money lost as alleged in the charge sheet.
“This is a very unusual case as there is no theft of any amount from Tusker Mattresses limited,” said their counsel.
Lawyer Saitabao claimed that the prosecution of the two brothers was an extension of a family tussle between brothers and the complainant was a brother to them.
“The complainant is a brother to the accused and they have been tussling over control of the market and the matter has been with CID for more than seven years,” he said.
The counsel added that earlier the matter was before Justice George Odunga who directed the parties to settle the matter out of court because it was a family dispute.
He added that the figures involved in the charge sheet is a primary threat meant to influence bail and bond terms against the accused and the same may be used by the complainant so that he can be granted an upper hand in running the business.
The complainant in the matter and the prosecution witnesses are brothers to the accused persons.
The defense argued that they have co-operated with the police who granted them a cash bail of Sh50,000 and prayed that the same terms be maintained.
State prosecutor Eddie Kadebbe did not oppose that they be granted bail but claimed the amount stated in the charge sheet were a reflection of what the investigations had revealed.
He however said the court should exercise its discretion in the matter.
Magistrate Ogembo released them on a Sh 1million cash bail or a bond of Sh 3 million with one surety of similar amount.
The matter will be heard on July 12 and mentioned on May 18.