Trustee charged with defrauding beneficiary Sh230M

A trustee has been charged with conspiracy to defraud beneficiaries of a trust of a five-storey building in the city centre by transferring it.

Nilesh Jayantilal Lauji Kotendia, a trustee of Lalji Mulji Jetha Trust Deed was accused of conspiracy to transfer the building on Latema Road valued at Sh230 million.

He denied the offence when he appeared before Milimani Chief Magistrate Susan Shitubi, an offence be allegedly committed with others not before court.

The court heard that he committed the offence on unknown dates and place jointly with others.

It is alleged that he conspired to defraud the Trust the land and a five storey on LR. No. 209/2303 IR. No. 81316, situated along Latema Road.

The court heard that he conspired to fraudulently transfer, sell and convert the property for use not authorized by the Trust Deed.

Kotendia is further accused that on or about March 15, 2019 at Catherine Ngunjiri Advocates office within Nairobi County, with intent to defraud the beneficiaries of the Trust, he fraudulently transferred and sold the said property against the wishes and use authorized by the Trust.

The prosecution told the court that he swore an assent upon a matter of public concern to the effect that a five storey building, which was registered in his late father’s name Jayantilal Lalli Mulji, giving authority to convert for use not authorized by the Trust Deed.

It is alleged that he committed the offence on December 11, 2012 at Victoria M. Mwangome, a commissioner for oaths.

He was released on a bond of Sh2 million or alternative Cash bail of Sh1 million pending hearing and determination of the case.