The Land Fraud Saga: Accusations, Jurisdiction Battles, and Health Concerns
Three officials of a land-buying company accused of defrauding Kenyas-oldest-cement company its land valued at Sh 14 billion have been charged with forgery and obtaining money through pretenses.
Julius Mutie Mutua, Pascal Kiseli and Alex Kyalo Mutemi denied 24 counts filed against them by the DPP.
They were caused by conspiring to defraud East Africa Portland Cement its land measuring 4298 acres valued at Sh 14.1 billion.
The three officials of Aimi Ma Lukenya Society denied defrauding 23 investors over Sh 25 million claiming they were in a position to sell to them parcels of land in the cement company land.
Through lawyers Joseph Mutava and Jackson Kala, applied to be released on reasonable bond claiming they persons of meagre means.
Mr Mutava and Kala told the Milimani chief magistrate Bernard Ochoi that the subject land belongs to the land buying company and the three have a valid title for the same,
“The land in question is subject to a court of appeal suit over its ownership,” Mutava told Ochoi.
He said the arraignment of the trio is an abuse of the court process saying “One cannot be dragged from a superior court to be charged in a subordinate court over a dispute that is awaiting determination.”
The defence lawyers told the court the monies allegedly received by the three belong to the society whose membership is over ten thousand people.
The lawyers asked the court to free the three officials on reasonable bond arguing that they have various health challenges which require constant medical attention,
“Detaining the three for a long period may turn out to be a fatal catastrophe given their failing health ,” submitted Kala.
The DPP through state prosecutor James Gachoka did not oppose the accused being admitted to bond but urged the court to be guided by the bail and bond policy rules.
In his ruling, Ochoi noted that the defence lawyers made submissions on the health conditions of the accused but presented no medical reports on the health status of the accused.
He called for a pre-bail report on the accused persons before he could determine their bail plea.
The magistrate ordered the three to be detained at Capitol Hill Police Station until Monday when he will determine the bond plea after receiving the pre-bail report.
The suspects were arrested last October following the demolition of Palatial homes built on the land in dispute.
Mr Mutava told Ochoi the three officials had been freed on a cash bail of Sh 100,000 which has been enhanced to Sh 500,000 after they failed to appear in court to receive a ruling as to whether the Milimani law court had jurisdiction to hear the dispute that arose in Athi River in Machakos county.
On Thursday Ochoi dismissed an application to transfer the case to Machakos or Maviko law court where the disputed land is situated.
In his ruling, Ochoi said the Milimani law court has jurisdiction to trial the case.
He directed the three to answer the charges filed against them by the DPP.