Court rejects new evidence in land case

Retired President Daniel arap Moi at a past function. PHOTO | FILE

What you need to know:

  • The magistrate said Section 50 of the Constitution requires suspects to be provided with copies of all statements and exhibits to be used as evidence against them

A magistrate on Thursday declined to accept as evidence a title deed for a Sh1.6 billion parcel of land allegedly bought from retired President Daniel arap Moi by a private company.

Resident magistrate Gerald M Gitonga rejected the title in a case against four traders lodged by Mr Jaswan Singh Rai, a director of Tulip Properties.

Mr Gitonga said a copy of the title had not been supplied to lawyers Kamau Karori and William Arusei, who are defending the four traders accused of forgery in 1989.

The magistrate said Section 50 of the Constitution requires suspects to be provided with copies of all statements and exhibits to be used as evidence against them.

“The title deed intended to be produced in the case against Mr Mohammed Kurior Nur, Mr Simon Kiprono Laboso, Mr Macdonald Lijoodi Makaka and Mr Noor Mohammed Hassan cannot be accepted at this stage,” said Mr Gitonga.

Opposing its production Mr Karori and Mr Arusei said “the court should not allow the accused to be ambushed with new evidence.”

“It is unconstitutional and a blatant breach of the accused’s rights and rules of natural justice for the prosecution to avail fresh evidence against while in the dock,” Mr Arusei said.

Mr Karori said: “It is unfair on the part of the prosecution to fail to avail to us all the evidence for interrogation since September 2013 when this court ordered all the exhibits and witness statements be supplied to the accused.”

The four traders claim they are the bona fide owners of the land allocated to them by Mr Moi under the Governments Land Act on November 1,1989.

Mr Gitonga, however, directed that a copy of the title be supplied to the defence lawyers to allow them to prepare questions for cross-examination.

The hearing continues.