Three officials of a land buying company charged with illegally acquiring 4,298 acres of land belonging to East African Portland Cement Company Limited worth Sh14billion have opposed being tried at the Milimani law courts in Nairobi.
Defense lawyers Joseph Mutava and Jackson Kala said the Milimani law courts lack jurisdiction to hear and determine the case since the “offense took place within the Jurisdiction of Mavoko Law Courts.”
Citing sections of the Constitution and Penal Code Mr Mutava said suspects can only be prosecuted at the law courts where the alleged offence took place.
“This is not the proper court to try these suspects in the Sh14billion land fraud case. The proper court is either Mavoko or Machakos law courts,” Mr Mutava told Ochoi submitted.
He prevailed upon the court to transfer the case to a court that had jurisdiction to hear and determine the case.
But state prosecutor James Gachoka opposed the plea to transfer the case to Mavoko saying “any court can hear and determine the case provided the offences are properly drawn.”
The three officials are charged with conspiracy to defraud East Africa Portland Cement Company Limited its 4,298 acres of land worth Sh14.117 billion.
The decision to prosecute was reached by the director of public prosecutions (DPP) arose from the closure of a seven-month investigations exercise.
Mutua, Kiseli, and Mutemi are out on a cash bail of Sh100,000.
Last week senior principal magistrate Gilbert Shikwe closed a miscellaneous file after he was told by state prosecutor Judy Koech that investigators have finalized their probe into the matter that led to the demolition of palatial homes that were built on the land in September 2023.
Mutua, Mungui, and Mutemi are jointly charged with conspiring to defraud EAPLC of its land on August 27, 2014, its parcel of land measuring 4,298 worth Sh14,117,502,000.
Other charges against the trio are of obtaining fraudulently Sh1,880,000 from Charles Wambugu Ndirangu being officials of Aimi Ma Lukenya Society they were in a position to sell to him a parcel of land belonging to EAPLC, a fact they knew to be false.
Kiseli Mungui is singularly charged with obtaining fraudulently Sh6.7m from Nassir Hamid Nassir Hussein claiming to be the registered owners of a parcel of land registered under Komarock Ranching and Housing.
They face 23 joint and separate counts of obtaining money fraudulently totaling over Sh25million claiming they were in a position to sell land to unsuspecting investors registered in the name of EAPLC.
Mr Mutua, Mr. Kiseli and Mr. Mutemi who are officials of Aimi ma Lukenya Society (AMS) have been under police probe since September 2023.
Police launched investigations into offenses of conspiracy to defraud EAPC PLC of its land following a complaint lodged by its MD Mr. Oliver Kirubai.
Mr Kirubai reported to the DCI that EAPC PLC is the registered owner of five parcels of land in dispute all situated within Mavoko municipality.
The magistrate heard Mr Kirubai complain that EAPC has been experiencing high-level invasion of the said five parcels of land by unauthorized groups namely AMS and Kitanda Na Mbusya.
“The two groups are suspected to be in possession of fake titles based on forensic document examination on a letter dated February 28,2014,” a prosecutor told Mr Shikwe.
EAPC PLC says it transferred the parcel of land that had been allocated to a colonial settler Douglas Harcourt Stanley on February 28, 1961.
The grant was for a term of 952 from November 1, 1960, at an annual rent of Sh859/60
The said land was transferred to East Africa Sisal Estates Limited who in turn transferred to East African Cement Company on January 13, 1977, at consideration of Sh2 million.