The High Court has issued a stay order restraining the arrest or charging of city lawyer Salim Ali Mwatumbo who is allegedly accused of defrauding a parcel of land worth Sh 110 million.
Mwatumbo did not appear in court for plea taking following the order of the same court issued on Wednesday wanting him to appear in court yesterday to take a plea.
His lawyer told the Milimani senior principal magistrate Benmark Ekhubi that the suspect was still admitted to Luton Hospital and could not appear in court,
“Your honour my client is not present in court and I inform this court that he is still admitted in hospital,” the lawyer submitted.
The lawyer also produced the High Court order before the court restraining the prosecution or arrest of the suspect for 12 days until the matter is heard and determined.
In the order, Justice Wendy Kagendo ordered that “in the meantime the respondents whether themselves, their officers, agents or any other person whatsoever acting on their behalf or their instructions are hereby temporarily restrained for 12 days from arresting.”
Justice Kagendo directed the matter to be mentioned on December 13, 2024, at the High Court for further directions.
The prosecution led by Virginia Kariuki prayed to the court to differ the plea awaiting the directions of the High Court.
Mwatumbo is accused of conspiracy to commit a felony contrary to section 393 of the Penal Code.
He was accused that on or before November 5, 2011, at an unknown place within the republic of Kenya jointly with another already in court conspired to defraud the late Modhihiri Mohamed Modhihiri of a property LR No 36/VII/465 measuring approximately 0.2085 by falsely drawing forged indenture conveyance purportedly registered under-representation number 477 of 8/12/2011 under volume N 44 folio 14/4 file 13552 a fact he knew to be false.
The property which is located in Eastleigh Nairobi within Nairobi county valued at Sh 110 million.
In his ruling, the magistrate directed the matter to be mentioned on December 17, 2024, for directions.