Six in land fraud case ‘seek to delay justice’
Ardhi House, Nairobi. Ms Anne Kimitei Nyogio claims she lost her ranch in Eldoret through dubious transfer documents said to have been forged at Ardhi House. PHOTO/FILE
What you need to know:
- The prosecutor said Monday that the accused were resorting to “delaying tactics” by approaching the High Court for a judicial review to stall the 10-year-old case in which a 90-year-old widow claims she was swindled of land in Eldoret.
- Three witnesses, including the complainant, were in court, but defence lawyers said they were not ready to proceed.
Six accused in a Sh954 million land fraud case are trying to delay justice by filing a petition against their impending prosecution, a prosecutor has claimed.
The prosecutor said Monday that the accused were resorting to “delaying tactics” by approaching the High Court for a judicial review to stall the 10-year-old case in which a 90-year-old widow claims she was swindled of land in Eldoret.
In the case, Ms Anne Kimitei Nyogio claims she lost her ranch in Eldoret through dubious transfer documents said to have been forged at Ardhi House, Nairobi.
Abuse of office
A senior lands registrar, Ms Agnes Wangu, is charged with forgery and abuse of office alongside former Kenya Pipeline Corporation boss Ezekiel Komen, former Eldoret DC Benjamin Rotich and three Eldoret businessmen.
Proceedings were to start yesterday, but a magistrate allowed an adjournment after one of the accused said her lawyer was not in court.
The presiding magistrate had initially rejected a request to shelve the case to await the outcome of the petition.
However, she relaxed her stance when Ms Wangu said her lawyer was absent.
The court was told that the accused had lodged a petition before Mr Justice Weldon Korir seeking to stop the Director of Public Prosecutions, the Chief Magistrate’s Court and the Inspector-General of Police from prosecuting them.
Attend hearings
Three witnesses, including the complainant, were in court, but defence lawyers said they were not ready to proceed.
The prosecution said its witness was an elderly woman “who travels from Eldoret since the case was first filed in court in 2004 to attend hearings that have been marred by a series of adjournments”.
“It is the prosecution’s desire to bring this matter to a conclusion,” the prosecutor said.
The State counsel said the adjournment was despicable “as you will notice that the matter has been pending before court since 2004”.
On Monday, the bonds of the accused for Sh2 million each were extended to May 20 when the case will be heard
