Four accused of lying over land dispute with Moi

PHOTO | FILE Retired president Daniel arap Moi at a past function. A criminal case facing four Nairobi businessmen embroiled in a land dispute with the former president took a new twist in court Wednesday when they were accused of giving false information.  NATION MEDIA GROUP

By VINCENT AGOYA
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A criminal case facing four Nairobi businessmen embroiled in a land dispute with former president Daniel arap Moi took a new twist in court Wednesday.

Mr Simon Kiprono Laboso, Mr Mohammed Koriow Nur, Mr Macdonald Lijoodi Maraka and Mr Noor Mohammed Hassan who sued the former president for allegedly transferring a 16-acre piece of land in Embakasi to a private company were in court to stand trial for giving false information.

They were, however, told the case would not proceed as the Director of Public Prosecutions had recalled the file for perusal.

A state counsel said she had instructions to seek an adjournment as “the case file has been forwarded to the DPP for instructions on the way forward.”

The trial court was also told “serious breaches of the suspects’ fundamental rights occurred during their arrest” and that they will be seeking redress as a constitutional issue.

ABUSE OF SUSPECTS' RIGHTS

Lawyers representing the suspects however did not delve into the nature of the constitutional crisis they claimed had emerged and the alleged abuse of the suspects' rights but they said they were not opposed to the adjournment sought by the prosecution.

But they accused the prosecution for failing to supply them with copies of the evidence it will be relying on in preparation for the trial.

They said they have been told that new issues, also yet to be disclosed, cropped up during an inquiry.

“We need all documents whether they are favourable or unfavourable to our clients, investigations began in 2004,” Mr William Arusei said.

The lawyers said the case had generated a lot of public interest since the suspects were charged.

“This case has become a public notoriety and a propaganda issue, our clients need to clear their names in this matter because of the adverse publicity it attracted,” Mr Kamau Karori said.

The businessmen face charges of forgery and giving false information. It is alleged that on September 17, 2012 at the Criminal Investigation Headquarters at Land Fraud unit in Muthaiga, Nairobi, they falsely told a police officer, Mr James Oludhe, that they were the registered owners of a plot in Embakasi.

They are also accused of lying that the former Commissioner of Lands Wilson Gachanja had registered the contested plot in their names.

The suspects appeared before resident magistrate G. M. Gitonga Wednesday who set a new mention date awaiting word from the DPP.

The hearing of the case in which they have sued Mr Moi for allegedly transferring the 16-acre piece to a private company is pending at the high court.

The businessmen sued Moi over allegations of illegally transferring the land near City Cabanas in Nairobi to Tulip Properties Limited.

Mr Gitonga Wednesday directed the prosecution to supply copies of the evidence to be relied on within a week and set a mention on December 6.