Two Malindi court clerks have been arraigned for allegedly stealing three title deeds to bail out a businessman accused of trafficking heroin worth Sh275 million and cocaine.
Mr Roba Jarsan Jara and Ms Driscillah Wanjala Mwamburi appeared before Mombasa court on Tuesday but did not take plea.
Senior Resident Magistrate Edga Kagoni postponed plea taking to Wednesday to allow prosecution amend their charge sheet.
This was after the suspects, through their lawyers led by Yusuf Aboubakar, asked the court to charge them separately pending the arrest of another person who is still at large.
Mr Aboubakar said it was unprocedural for the two suspects to take plea yet the charge sheet had four suspects.
“It is our considered view that the prosecution amends the charge sheet so that it contains the names of three suspects who are available. The prosecution can consolidate the charges after the suspect who is still at large is arrested,” he said.
In the charge sheet, the two court clerks are jointly accused with Mr Anthony Chai Baya, who is still at large, and Mr Swaleh Yussuf Ahmed. Mr Ahmed is in police custody.
The state said Mr Baya is a perennial offender who has several pending criminal cases in various courts over the title deed syndicate.
The four are accused of conspiracy to defeat justice by presenting three title deeds which are already used and in court’s custody to procure the release of Mr Ahmed who was slapped with a Sh25 million bond after pleading not guilty to two counts of drug trafficking.