Officers linked with Syokimau land sale seek to bar charges
By Evelyn Kwamboka
Officials of two associations connected with the Syokimau land saga now want the police stopped from arresting and charging them.
Uungani Settlement Scheme Self Help Group and Mlolongo Brothers Association officials moved to court barely a day after a man pleaded not guilty before a Kiambu court, to the charge of making a fake sale agreement.
Through their lawyer, Mr Meshack Obura, the officials and the area councilor Peter Mbiti, claimed it would be unfair for them to be charged with the offence of forging documents related to two land parcels in the area.
They also claimed it would be unfair because there are two cases filed by Kenya Airports Authority that are still pending before the High Court.
High Court judge Mohammed Warsame allowed them to file a Judicial Review case against Attorney General Githu Muigai, Police Commissioner Mathew Iteere and CID Director Ndegwa Muhoro.
Justice Warsame also ordered the applicants to serve the three officers with the suit papers and the case be mentioned on December 15 for further orders.
Uungani officers are Mr David Mila (Chairman), Elijah Runo and Charles Agutu while those for Mlolongo Brothers are Stephen Mwania, James Murigi, John Muinde, Agnes Gichuki and Christopher Musomba.
They were allowed to file the Judicial Review application on grounds that it would be unfair and oppressive to arrest or prefer any criminal charges against them, whereas KAA’s cases are still pending in court.
In the JR application, they will be seeking for an order to prohibit the police from arresting and prosecuting them over the two parcels of land.
They will apply for an order stopping the AG from preferring any criminal charges based on the issue of the two titles and to quash the decision by the police to charge them with the offence of forging documents related to the titles.
In an affidavit filed in court by the Uungani chairman, the group was allocated the land to settle its members in 1996.
KAA moved to court in 2004, claiming it is the rightful owner of the property and later on demolished buildings in the area, while the two cases are still pending in court.
Mila said Lands Minister James Orengo claims titles held by the two groups were forged and has instructed the police to arrest and charge the culprits.
"It is not true that the documents of title are forgeries," he said.
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