The High Court has rejected testimony of a police investigator in the Sh8 billion Karen land fraud case.
The upmarket property at the centre of a dispute pits a firm associated with former Vice President Moody Awori, a widow of ex-Nairobi PC John Mburu and a former managing trustee of the National Social Security Fund (NSSF) Jos Konzolo.
Justice Elijah Obaga declined the testimony of Patrick Maloba after protests from five lawyers that he did not file a report on his investigations about the fraud regarding the 134-acre parcel of land.
Lawyers Cecil Miller, Peter Wena, William Arusei, Pauline Kiteng’e and State Counsel Allan Kamau asked the judge to reject the testimony of Mr Maloba.
“We do not know where this witness is leading us to.We have not seen his statement to this court about his findings after he investigated about the fraud reported by Ms Carmelina Ngami Mburu (widow of ex-PC who has since passed on),”Mr Miller said.
Mr Miller for Muchanga Investments Limited (MIL) which claims to be the bonafide owner of the land asked the judge to decline the testimony of Mr Maloba as it offends the law.
Mr Arusei appearing jointly with Ms Kiteng’e for the widow said although the testimony appears to favour their client, Mr Maloba has not filed any witness statement in accordance with the law. Before the widow died, she gave power of attorney to Ms Catherine Njeri to represent her interests in the litigation and her property.
Mr Kamau, a State counsel for the civil servants sued by MIL, said he has filed testimony of investigators from the ethics agency who probed the fraud after the file was moved from the Directorate of Criminal Investigations.