Officials of a land-buying company linked to the sale of Sh14 billion land where palatial houses worth tens of millions were demolished in Mavoko in Athi River, Machakos County, last month have been released on Sh100,000 bail each.
Granting bail to Julius Mutie Mutua, Pascal Kiseli and Alex Kyalo Mutemi, Milimani Senior Principal Magistrate Gilbert Shikwe said he "cannot continue extending orders to have the suspects kept in custody with no charges being preferred against them".
Mr Shikwe said the suspects had been in custody since October 19, 2023 and police had not preferred any charges against them.
The three are executive members of the Aimi ma Lukenya Society (AMS), which sold 4,298 acres of land valued at Sh14 billion to its members.
They claim they bought the land from the East African Portland Cement Company (EAPC) before subdividing it and selling it to their members, who have since sold it to other people.
In his ruling, Mr Shikwe stated: “The suspects have been in custody for over 12 days and police have been returning to this court to seek further detention orders, yet there is no indication when the investigations will be completed.”
He concurred with defence lawyers Joseph Mutava and Jackson Kala that “it is frustrating both to the suspects and the court to be kept in abeyance with no mention as to when the investigations will be completed.”
Mr Shikwe said the court had given the last detention orders last week and he "won’t grant further detention orders. It is frustrating both the court and the subjects of the investigation.”
“The direction which this probe is taking calls for me to grant the suspects bond as there seems to be uncertainty when charges will be preferred against them even though police have shown them some charges they have drafted,” ruled Mr Shikwe.
He released them on cash bail and directed the officers to report to the investigating officer when required.
He further ordered the suspects to appear in court on November 7, 2023 for the State Prosecutor, Judy Koech, to update the court on the status of the investigations.
Mr Mutava and Mr Kala said the continued pre-trial detention of the suspects was a total and blatant violation of their constitutional rights.
“The right to freedom is not negotiable when there are no compelling reasons to warrant one to be kept in custody,” Mr Mutava argued.
He urged the magistrate to exercise his discretion in favour of the suspects who do not know when they will be charged because the prosecution does not know when the police will conclude their investigations.
“I urge this court not to hold the suspects indefinitely in custody since police do not know when they will rest their probe over the alleged invasion of the East African Portland Cement Commission (EAPCC) land,” Mr Mutava said.
Mr Mutua, Mr Kiseli and Mr Mutemi are the top officials of Aimi ma Lukenya Society (AMS), a land buying company which has more than 10,000 members. The AMS is embroiled in an ownership dispute with the cement company over land in Mavoko.
The demolition of the palatial houses on the disputed land followed a High Court ruling by Justice Annette Nyukuri of the Machakos Environment and Lands Court, in which the AMS case was thrown out.
Mr Mutava told Mr Shikwe that the AMS's case at the High Court in Machakos was thrown out on a technicality because its lawyers delaying filing some documents requested by the judge.
“As a result of the delay in filing the required documents, the case was struck out and declared a nullity,” the magistrate heard. “No final judgement has been rendered in this case whose decision has caused hue and cry all over the country.”
The magistrate heard that police are investigating offences of conspiracy to defraud EAPC of its land, following a complaint lodged by its managing director, Oliver Kirubai.
Mr Kirubai reported to the DCI that EAPC is the registered owner of five disputed parcels of land in Mavoko municipality.
The magistrate heard that Mr Kirubai had complained that EAPC has been experiencing high levels of encroachment on its land by unauthorised groups, namely AMS and Kitanda Na Mbusya.
“The two groups are suspected to be in possession of fake titles based on forensic document examination of a letter dated February 28, 2014,” a prosecutor told Mr Shikwe.
According to the EAPC, the land was granted to a colonial settler, Douglas Harcourt Stanley, on February 28, 1961.
The grant was for a term of 952 years from November 1, 1960 at an annual rent of Sh859/60.
The said land was transferred to East Africa Sisal Estates Limited, which transferred it to East African Cement Company on January 13, 1977 for Sh2 million.
