Court official charged with forgery

By STANDARD REPORTER

A High Court process server and businessman was charged in a Malindi court with nine counts of forging court proceedings and orders.

David Muiruri appeared before Malindi Chief Magistrate Lilian Mutende and denied the charges.

Mr Muiruri was charged that on diverse dates between January 16, 2004 and March 29, 2004, within Malindi township jointly with others not before the court, with intent to deceive without lawful authority made court proceedings in respect to Malindi Civil suit number 18 A of 2004. They purported to show that the said proceedings were held before Joyce Munyasi, the then Chief Magistrate at the Malindi law courts.

In the fifth count the court heard that on March 6, 2007 at the Ministry of Lands offices in Mombasa, jointly with others not before the court with intent to defraud, knowingly and fraudulently uttered a false court decree in respect of the same civil suit to the Lands Registrar in Mombasa, purporting it to be genuine and signed by Manyasi.

On the sixth count he was charged that on February 22, 2007 in Malindi, jointly with others not before court with intent to deceive made a court vesting orders in respect to Malindi Civil Suit number 5 of 2007 purporting they were made by Daniel Ogembo, the then Malindi Principal Magistrate, claiming it to be genuine.

Land register

In the last count on the same date at the Ministry of Lands offices in Mombasa, Muiruri jointly with others not before court by means of false and fraudulent representation as to the nature, contents or operations of court proceedings, court decree and vesting orders in respect of Malindi Civil Suits number 18 A of 2004 and 5 of 2007, procured the Lands Registrar in Mombasa to execute in the land register plot number 622 of Malindi in favour of G Hotmann Cottova, a company in which he is the proprietor from Karlheinz Borner, Mirko Blattermann and Helmut Koster.

Muiruri was released on a cash bond of Sh50,000. Two former magistrates have been listed as witnesses. In their witness statements Manyasi and Ogembo have denied having knowledge of the proceedings and signatures. Hearing continues.