Milimani Law Courts officer summoned in land forgery case

Joseph Gitau (left) and Isaack Mburu who are officials of Mitumba Women Group appear at a Nairobi Law Courts on January 11, 2017 where they are accused of forging a title deed of a parcel of land in Lang'ata within Nairobi County. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • The two officials were arrested on orders of a High Court Judge Justice Mohammed Warsame when he visited the site to see the ultra-modern houses built by the group.
  • Justice Warsame ordered they be released upon depositing a cash bail of Sh400,000 each. The state alleges the two have forged the title to the property which was allocated to them by retired President Daniel arap Moi.

The executive officer at the Milimani Law Courts has been summoned to produce in court a file in which officials of a self-help group have been accused of forging a title deed of a 70-acre parcel of land valued at Sh4 billion occupied by Police.

Over 500 housing units have been on the land which the chairman of Mitumba Women Self Help Group Mr Joseph Gitau and its Secretary Mr Isaac Mburu have been charged with forging.

The two officials have denied forging the title to the suit property which they say was allocated to them by the Government.

A retired judge, Justice Joseph Nyamu, ruled in 2008 that the land belongs to Mitumba Women Self Help Group.

They have told the trial magistrate Martha Mutuku that upon building the houses on the land, they were allegedly grabbed and allocated to police for occupation to the detriment of the 600 members of the Womens Group.

When the fraud case came up for hearing on Wednesday a state prosecutor Ms Catherine Mwangi said the file has not been produced in court.

“This case was listed for hearing on Tuesday and Wednesday but the file has not been produced forcing an adjournment. I now urge this court to summon the Eexcutive Officer in whose custody the file is kept to appear in court on Janaury 31 to produce it,” Ms Mwaniki urged.

Ms Mwaniki further said she wanted to make an application but “now she can’t due to its absence.”

She wants the executive officer to produce the original court file and also the exhibits file.

Mr Gitau told the magistrate that the state is in contempt of court since the land has been declared by the High Court that it belongs to the group.

The two officials were arrested on orders of a High Court Judge Justice Mohammed Warsame when he visited the site to see the ultra-modern houses built by the group.

Justice Warsame ordered they be released upon depositing a cash bail of Sh400,000 each. The state alleges the two have forged the title to the property which was allocated to them by retired President Daniel arap Moi.

They developed the houses using grants sourced by a former PS the late Hezekiah Oyugi.

Mr Mburu and Mr Gitau are asking the court to acquit them as they can’t “forge what belongs to them.”