Suspects in Mavoko land saga seek transfer of case

Three officials of a land buying company charged with illegally acquiring 4,298 acres of land belonging to East African Portland Cement Company Limited (EAPCCL) worth Sh14 billion have opposed being tried at the Milimani law courts in Nairobi.

Instead Julius Mutie Mutua, Pascal Kiseli Basilio Mungui and Alex Kyalo Mutemi of Aimi Ma Lukenya Society urged Milimani Chief Magistrate Bernard Ochoi to transfer the case to Mavoko Law Courts where the alleged offence took place.

Defence lawyers Joseph Mutava and Jackson Kala said the Milimani law courts lacks jurisdiction to hear and determine the case since the “offence took place within the jurisdiction of Mavoko Law Courts.”

Citing sections of the Constitution and Penal Code, Mutava said suspects can only be prosecuted at the law courts where the alleged offence took place.

“This is not the proper court to try these suspects in the Sh14 billion land fraud case. The proper court is either Mavoko or Machakos law courts,” Mutava told Ochoi submitted.

He prevailed upon the court to transfer the case to a court which has jurisdiction to hear and determine the case.

But state prosecutor James Gachoka opposed the plea to transfer the case to Mavoko saying  “any court can hear and determine the case provided the offences are properly drawn.” Ochoi will determine on April 11, 2024 whether he will transfer the case to Mavoko law courts or not.

Probe finalised

The three officials are charged with conspiracy to defraud EAPCC its 4,298 acres of land worth Sh14.117billion.

The decision to prosecute was reached by the Director of Public Prosecutions (DPP) after closure of a seven months’ investigations exercise. Mutua, Kiseli and Mutemi are out on a cash bail of Sh100,000.

Last week, senior principal magistrate Gilbert Shikwe closed a miscellaneous file after he was told by state prosecutor Judy Koech that investigators have finalised their probe into the matter that led to the demolition of palatial homes that were built on the land in September 2023.

“This miscellaneous file is hereby closed and the suspects are hereby discharged,” ruled Shikwe.

Mutua, Mungui and Mutemi are jointly charged with conspiring to defraud EAPCCL its land on August 27, 2014 its parcel of land measuring 4,298 worth Sh14,117,502,000.

Other charges against the trio are of obtaining fraudulently Sh1,880,000 from Charles Wambugu Ndirangu being officials of Aimi Ma Lukenya Society they were in a position to sell to him a parcel of land belonging to EAPLC, a fact they knew to be false.

Kiseli Mungui is singularly charged with obtaining fraudulently Sh6.7m from Nassir Hamid Nassir Hussein claiming to be the registered owners of a parcel of land registered under Komarock Ranching and Housing.