Businessman Mandeep Channa Charged Over False Documents in 4,000-Share Dispute
By Milton Were | Kenya Today Businessman Mandeep Singh Channa has been arraigned before a Kenyan court and charged with multiple offences relating to making and use of false documents in a dispute involving the resignation of a director and the transfer of 4,000 ordinary shares in Channa Investments Limited . Channa pleaded not guilty to all the charges levelled against him and was subsequently released on KSh300,000 cash bail , setting the stage for a court battle in which prosecutors will be required to prove the allegations against him. According to the charge sheet, the case centres on several documents allegedly submitted through Channa's eCitizen account to the Business Registration Service (BRS) between October 2022 and July 2023. Prosecutors allege that the documents were used first in connection with the purported resignation of Supinderpaul Singh as a director of Channa Investments Limited and later in an alleged transfer of thousands of shares. Affidavit at Centre of Director Resignation Charges In the first count, Channa is accused of making a false document contrary to Section 347(a), as read with Section 349 of the Penal Code. The prosecution alleges that on an unknown date and at an unknown location within Kenya, Channa, jointly with other persons who are not before the court, made an affidavit dated October 19, 2022 purporting it to be a genuine affidavit sworn by Supinderpaul Singh before advocate and Commissioner for Oaths Esther Asati . Prosecutors say that Channa knew the document was false. The businessman faces a separate charge of uttering the same affidavit on October 25, 2022 , contrary to Section 353 as read with Section 349 of the Penal Code. According to the prosecution, the affidavit was knowingly and fraudulently submitted through Channa's eCitizen account on the BRS system and was purportedly used to support Supinderpaul Singh's resignation as a director of the company. Channa has denied the allegation. Board Meeting Minutes Also Questioned The prosecution has also turned its attention to purported minutes of a Channa Investments Limited board meeting dated October 19, 2022. According to the charge sheet, Channa is accused of making false board minutes and presenting them as genuine records of a duly convened meeting of the company. He is separately accused of uttering false minutes several days later. Prosecutors claim that on October 25, 2022, the documents were submitted through his eCitizen account to the BRS system in support of the purported resignation of Supinderpaul Singh. The allegations surrounding the board minutes form part of the prosecution's broader case concerning the corporate documents used to effect changes involving Channa Investments Limited. Resignation Letter Forms Another Count A purported resignation letter dated October 19, 2022 is also at the centre of the criminal proceedings. The prosecution alleges that the document was falsely made to appear as though it had been duly executed and signed by Supinderpaul Singh as part of his resignation from the company. According to the charge sheet, Channa submitted the resignation letter through his eCitizen account on the Business Registration Service platform on October 25, 2022 while knowing it to be false. The allegation remains unproven and will be among the issues prosecutors will have to establish before the court as the proceedings continue. 4,000 Shares at Centre of Separate Allegations Beyond the director resignation documents, the case also involves the purported transfer of 4,000 ordinary shares in Channa Investments Limited from Supinderpaul Singh to Mandeep Singh Channa. Prosecutors allege that Channa made a false share-transfer document dated July 3, 2023 , purporting it to be a genuine instrument transferring the 4,000 shares to him. He is further accused of uttering the alleged false share-transfer document on July 25, 2023 by submitting it through his eCitizen account on the BRS system. According to the prosecution, Channa knew that the document was false when it was submitted. The share-transfer significantly broaden the case beyond the earlier documents concerning the purported resignation of a company director, with prosecutors now seeking to establish whether allegedly false corporate documentation was subsequently used in connection with ownership of shares in the company. Second Affidavit Drawn Into Share Transfer Case Another affidavit dated July 25, 2023 has also become part of the prosecution's case. The charge sheet says that the affidavit was falsely made to appear as though Supinderpaul Singh had sworn it before Esther Asati. Prosecutors claim the document was subsequently submitted through Channa's eCitizen account on the BRS platform in support of the transfer of the 4,000 ordinary shares. Taken together, the charges concern a series of documents allegedly generated or submitted during two periods: the October 2022 documents relating to the purported resignation of Supinderpaul Singh as a director and the July 2023 documentation relating to the alleged transfer of his shares. The prosecution will now have to establish the circumstances under which each disputed document was created, submitted and used and prove the individual criminal charges beyond reasonable doubt. Channa Denies Charges, Released on KSh300,000 Bail Channa has denied all the charges and entered pleas of not guilty . The court subsequently granted him KSh300,000 cash bail , allowing him to remain out of custody as the criminal proceedings continue. His arraignment does not amount to a finding of guilt, and the allegations contained in the charge sheet remain claims by the prosecution that will have to be tested through the judicial process. The case is expected to proceed through the usual stages of the criminal trial, during which prosecutors will be required to present evidence supporting the charges while Channa will have an opportunity to challenge that evidence and present his defence. At the heart of the proceedings will be the authenticity of the disputed affidavits, board minutes, resignation letter and share-transfer documents, together with the prosecution's allegation that they were knowingly submitted through an eCitizen account to effect changes involving Channa Investments Limited .