Police in Mombasa have finalized investigations and charged two men with forgery, in regards to a Sh24Million beach plot that was allegedly illegally sold to the Kibaki family.
Justice Mohammed Ibrahim was yesterday told Mwarandu Kombe and Solomon Kisombe had appeared in another criminal matter, and charged in relations to the forged Kwale land titles.
State Counsel Mwangi Kamau informed the court that the police had preferred charges against the duo, and that the main civil suit filed by the owner, could commence. Kamau said: “We have information that the suspects are out on bond, pending the hearing of the case.”
But lawyer Kassim Shah, representing Naimisha Shah, the plaintiff who claims ownership of the plot, argued that without Juma Mwamaneno, being implicated in the illegal sale, the case may collapse.
Mwamaneno, a developer, has been sued by Shah for allegedly obtaining a forged court order that enabled him to become the registered owner of the disputed property, which he later sold to Mwalu Investments Limited, a company associated with the President Kibaki’s family and Equity Bank. Shah said: “Without Mwamaneno in the criminal suit, the case against him is likely to collapse.” But Justice Ibrahim ruled that the criminal proceedings will take place and that the High Court will not interfere with the case.
The case was mentioned so the CID can furnish information into the alleged illegal sale, after the police confirmed they had finalized investigations into the case.
In the suit, the alleged owner of the plot Naimisha, has sued the Msambweni Land tribunal, Kwale Resident Magistrate, Kwale land registrar and Mwamaneno over the plot.
The judge had directed the investigations officer, to establish how Mwamaneno obtained the orders issued by a Justice J.B. Wachira, which he later presented to the Kwale land registrar and transferred a disputed parcel into his name.
The court later heard that there is no judge by the name J.B. Wachira, which was confirmed by the chief court administrator, S.M. Kibunja, who advised the parties to take appropriate action.
The land registrar in Kwale was also ordered to explain how the transaction involving the First Family and the developer was conducted after claims of forgery emerged.
The applicant is seeking orders to nullify the title, arguing the land sold to the President’s family had a forged title deed. During the transaction in 2008, Kimondo Gachoka Advocates represented the President’s family, while Justine Kaburu Advocates represented Mwamaneno.
In an affidavit by Ms Judy Kibaki, through lawyer Wamuti Ndegwa, Judy, who is a director of Mwalu Investment Company, said they could not have bought the plot if they had a clue there was a defect against Mwamaneno.
She says before buying the plot, the company instructed Nairobi Homes to verify if it was true Kwale/Galu Kionondo/10 was being sold. The judge also extended interim orders barring president Kibaki’s family from dealing with the plot, and directed the matter be mentioned on March 14th this year.
Source: www.nairobistar.com
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