Chamber official in Sh2bn City Cabanas land fraud charge

Kenya National Chamber of Commerce and Industry (KNCCI) vice chairman Laban Onditi Rao has been charged in court with conspiracy to defraud popular restaurant City Cabanas of its 10-acre piece of land in Embakasi valued at Sh2 billion.

Mr Onditi pleaded not guilty and was released on cash bail of Sh300,000, with an alternative of a Sh500,000 bond.

Lady Justice Stella Mutuku ordered Mr Onditi to appear before her on February 7 for a mention and to receive directions on how the trial shall proceed.

Mr Onditi has also been slapped with two counts relating to forgery — making a false document and uttering a false document — contrary to the Penal Code.

He is accused of trying to take ownership of the land owned by businesswoman Roseline Njeri Macharia, the City Cabanas proprietor.

The disputed land is located at the junction of Mombasa Road and Embakasi Road. Popular city restaurant City Cabanas sits on the land.

The Eastern bypass (40km) starts at City Cabanas, passes through Ruai and ends at Ruiru. The Bypass is already motorable.

The land’s position along the Eastern Bypass has made its value shoot up considerably since the 1990s when Ms Macharia constructed the restaurant on it.

“On or before April 3, 2014 at an unknown place within the Republic of Kenya, with intent to defraud, jointly with another person already before court conspired to defraud Roseline Njeri Macharia her land parcel L.R. No 209/11293/1 measuring about 4.047 hectares (10 acres) located in Embakasi valued at about Sh2 billion, the property of the said Roseline Njeri Macharia.”

“On or before April 3, 2014…made a certain document namely letter of preparation of certified copy of deed plan number 184892 purporting it to be genuine and a valid letter from the Kenya National Chamber of Commerce and Industry, a fact he knew to be false,” the charge sheet reads.

The prosecutor did not, however, state the name of the other individual who was earlier on charged over the same prime property.

Documents filed in court indicate that Mr Onditi allegedly produced the document at the Survey of Kenya headquarters on April 17, 2014 with the intention of defrauding Ms Macharia of the prime parcel of land.

He is also a board member of the Export Processing Zones Authority where he sits as a representative of the KNCCI.

The KNCCI vice chairman was arrested on Wednesday and detained at the Muthaiga Police Station following investigations on complaints from Ms Machari, and arraigned in court on Thursday.

The prosecutor has named Ms Macharia as the only witness but requested the court to allow others to be summoned as the trial progresses to the hearing stage.