Three brothers entangled in a dispute with Mombasa Cement over a Sh350 million land parcel risk forgery charges after the Court of Appeal declined to issue orders barring their prosecution.
The Court of Appeal, on Tuesday, declined to issue orders barring the prosecution of Harish, Bharat, and Ashvin Ramji after one of the judges disqualified himself from a case the siblings filed.
The High Court orders the Ramji brothers obtained barring their prosecution lapsed on Friday. They are expected to take a plea today.
Justice Daniel Musinga held that the bench initially picked to preside over the matter could not issue any orders on account of his recusal from the case, and that only a fresh set of judges can take any action on the case.
The three brothers have appealed a High Court judgment that allowed for their prosecution over alleged forgery of National Social Security Fund documents, to acquire a 7.4-acre land in Mavoko worth over Sh350 million.
“Having recused myself from this matter for reasons that I have stated, we so direct that this application be heard next week on September 2. I do not wish to make any order beyond that, considering that I am recusing myself, so let us leave it at that,” Justice Musinga said when lawyers for the three brothers requested an order to stop the planned prosecution.
On July 24, the Kiambu High Court dismissed a petition the brothers filed to block their prosecution. The court, however, suspended execution of its judgment until August 30 as the brothers sought to challenge the decision.
Through their lawyers, the Ramji brothers last Tuesday told the appellate court judges that they are set to appear before a magistrate today for plea taking.
But Justice Musinga, sitting alongside Justices Kathumira M’inoti and Paul Gachoka, directed that the siblings appear for a hearing of their application before a different set of judges today—the same day the three brothers are scheduled for plea taking.
The Ramjis are accused of forging NSSF board resolutions related to the 7.4-acre land.
The siblings sued Mombasa Cement in 2010, claiming to have acquired the property from the NSSF.
The High Court dismissed their suit in 2019.
The brothers moved to the Court of Appeal, which ruled in their favour in 2023. Mombasa Cement has now taken the matter to the Supreme Court, as the Directorate of Criminal Investigations pushes for the prosecution of the Ramjis.
