The prosecution wants an advocate to testify against his client alleged to have used false documents to swear an affidavit in a succession case.
George Murgor is accused of forging the title documents of a 1,000-acre piece of land valued at Sh400 million, with intent to defraud the family of Christine Chebor Murgor.
According to the Office of the Director of Public Prosecutions (ODPP), Erick Gumbo swore the contested documents by George Murgor and it wants him to be a witness in the matter to help determine the origin of the documents.
“The affidavit is drawn and filed by Gumbo and Associates and Mr Erick Gumbo appeared in the matter on behalf of the accused. Mr Henry Kenei, on behalf of the firm, served the affidavits to Philip Murgor. Gumbo is, therefore, the only person who can explain the origins of the forged titles,” said ODPP.
George Murgor is accused of forging the estate’s title and grant, and altering transfer entries directed to Chebor in favour of Charles Murgor Changwony on November 14, 2014.
He is accused of presenting the documents in the High Court in the succession case, with the intent of defrauding the family. The accused is a brother of lawyer Philip Murgor, who is representing the family.
Henry Kenei, appearing for Gumbo, however, requested the court to decline the prosecution's request, saying it would cause a breach of client confidentiality.
“The prosecution cannot seek the help of the court to seal gaps in their investigations by compelling Gumbo to testify. The accused himself has not testified in the matter at the High Court and it will be unfair to breach the confidentiality pact between the advocate and his client,” Kenei argued.
He said Gumbo acted for the accused person and cannot be transformed into a witness in the criminal matter that arose from the succession cause.
Chief Magistrate Charles Obulutsa will rule on the matter on March 23.