The intended prosecution of city businessman Jimi Wanjigi and four others over alleged Sh800 million land fraud has been suspended.
High Court judge Antony Mrima ordered that the intended charges against the five over a parcel of land in Westlands, Nairobi, should remain suspended until a ruling is made on their petitions to quash the trial.
Justice Mrima Wednesday clarified that the interim orders dated January 18, 2022 were still in force pending the determination of five petitions lodged against the proposed criminal charges.
The clarification followed a request by Mr Wanjigi’s lawyer Willis Otieno that the interim orders restraining the police from arresting and prosecuting the suspects in relation to the property be extended.
"The orders issued by this court are very clear that the intended prosecution of all the applicants will remain in force pending the hearing of the cases," Justice Mrima said.
The judge made the clarification after consolidating the petitions filed by Mr Wanjigi, his wife Irene Nzisa, Mohamed Hassanali, Kaneez Noorani and Kairu Thuo.
The Director of Public Prosecutions intends to charge the five with different counts including fraudulent acquisition of a land title and forgery of land registration documents. The disputed land measures one acre.
“The petitions relate to the same transaction. The applicants could be arraigned together. There is no need of splitting the judicial time,” stated Justice Mrima.
He also directed Ms Cissy Kalunde Musembi, who is also claiming ownership of the disputed land and wants to join the petitions as an interested party, to furnish the petitioners with pleadings ahead of the hearing slated for March 8, 2022.
Ms Musembi claims that she innocently bought the property from Horizon Hills Limited in July 2004 without knowledge of any defects in the title deed.
She adds that that her lawyers did due diligence on the property before she paid a purchase price of Sh220,000 million.
The land is subject to another case before the Environment and Land Court.
Later on, a complaint was lodged claiming ownership of the said land, which led to the current legal battle to establish the real owner of the parcel.
She says a report compiled by the DCI reveals the existence of an intricate and wicked fraudulent scheme to change ownership of the property.
