Economy

DPP seeks freeze on fraud charges in Moi land case

Director of Public Prosecutions (DPP) Keriako Tobiko Tuesday asked a Nairobi court to withdraw land fraud charges against four traders over property linked to former president Daniel arap Moi.

Mr Mohamed Koriow Nur, Mr Simon Kiprono Laboso, Mr Macdonald Lijoodi Makaka and Mr Mohammed Hassan are accused of forging a title deed for the 16 acres of land valued at Sh1.6 billion in Embakasi, Nairobi.

Through State counsels Duncan Ondimu and Patrick Gumo, Mr Tobiko urged chief magistrate Teresia Murigi to put their trial on ice, pending the High Court’s determination of the valid owner of the disputed property.

The four traders say they were allocated the land in 1988 by former commissioner of lands Wilson Gachanja. But businessman Jaswan Singh Rai, through his Tulip Properties Limited, has claimed ownership of the land, arguing the firm bought the property from Mr Moi in 1996 for Sh25 million.

READ: Moi enjoined in Sh1.6bn city plot suit

The State counsels said police had forwarded two files to the DPP over the same property with contradicting instructions.

“Given the contradicting instructions by the police, the prosecutors and the DPP have consulted widely and have reached the conclusion that the case against the four traders be withdrawn by way of entering a nolle prosqeui, which I hereby tender,” said Mr Gumo.

He said further instructions would be given when Lady Justice Pauline Nyamweya determines the true owner of the land. Mr Ondimu told Ms Murigi that police had in 2004 recommended that Mr Rai be charged with forgery of the title for the Embakasi land.

He added that the Land office indicates that the four traders are the owners of the property.

The four traders say the transfer of the land to Tulip by Mr Moi was illegal, but the former president said the allotment was proper. However, the application to terminate the case was vehemently opposed by defence lawyers Kamau Karori, William Arusei and Innocent Muganda.

READ: Businessman claims Moi sold him Sh1.6bn land

“This case was begun with an ulterior motive and not in public interest as alleged by the DPP now that he has discovered he has no evidence against the suspects who have denied four counts of forgery,” Mr Arusei told the magistrate.

The defence reckons that Mr Rai should be the one charged with fraud because the Land office has indicated that he holds a forged title.

Mr Arusei said the DPP is afraid that the four traders could sue for malicious prosecution should the case collapse.