The tussle over the control of Tatu City has deepened following a ruling by the Court of Appeal.
Two Kenyan partners now risk prosecution for allegedly using forged documents to register caveats against Tatu City land.
On Friday, the Court of Appeal overturned Justice Mumbi Ngugi's order of November 12, 2013, stopping criminal proceeding against Rosemary Wanja Mwagiru and her son Stephen Githui Mwagiru.
Judges Wanjiru Karanja, Patrick Kiage and Fatuma Sichale faulted the High Court for attempting to insulate the two, who are minority shareholders in Tatu City and Kofinaf.
The two were charged before the Magistrate’s Court in Nairobi with forgery. They were accused that on June 11, 2010 in Nairobi with others not before court they forged documents purporting to be genuine and issued by the Assistant Registrar of the Companies Wilson Gikonyo.
Ms Mwagiru faced a second count of uttering false document contrary to the law.
The duo however contended that the manner in which the criminal proceedings were executed by the Director of Public Prosecutions violated their constitutional rights.
Tatu City and Kofinaf appealed the ruling arguing that the judge erred in her judgment as the caveats placed on the property were at the heart of the litigation between the parties.
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