Court orders DCI to arrest two traders in Sh150m Westlands land fraud case

A Nairobi court has issued warrants of arrest against two businessmen accused of defrauding daughters of a deceased businessman of a prime Westlands property valued at Sh150 million.

Milimani Principal Magistrate Geoffrey Onsarigo on Friday April 17,2027 directed DCI detectives to immediately arrest Abdisalan Adan Hussein and John Kigomo Mwaura after they failed to appear in court for plea taking despite being summoned.

“I hereby issue a warrant of arrest against Abdisalan Adan Hussein and John Kigomo Mwaura for failing to appear in court for plea taking as earlier ordered,” ruled Magistrate Onsarigo.

The court issued the warrants following an application by the prosecution, supported by lawyer Paul Macharia, who represents the complainants, Sadaff Shokatali Habib and Sabahatt Shokatali Habib.

Macharia told the court that no sufficient explanation had been given for the absence of the accused persons despite prior summons.

However, Adan’s lawyer Joseph Mutava sought to explain his client’s absence, telling the court that he had fallen ill while travelling from Wajir to Nairobi.

“My client is not in court because he is admitted at a hospital in Garissa after he fell ill while travelling to Nairobi yesterday to attend court today,” Mutava said.

He, however, admitted that he did not have medical documents or details of the hospital where his client was allegedly admitted.

When pressed by the court and the prosecution to provide the name of the hospital to allow verification by the investigating officer, Mutava responded: “He just sent me a WhatsApp message saying he is admitted at a hospital in Garissa.”

The defence lawyer pleaded for more time, requesting a two-week adjournment to allow his client to recover and attend court.

The application was strongly opposed by both the prosecution and Macharia, who argued that no evidence had been presented to support the claims of illness.

The prosecution further told the court that the accused persons had already disobeyed two separate court summons and were yet to take plea on 16 criminal counts.

In his ruling, Magistrate Onsarigo rejected the request for adjournment and upheld the prosecution’s objection.

He ordered that the two accused persons be arrested and presented before court by April 27, 2026.

According to the charge sheet filed by the Director of Public Prosecutions, the two are accused of conspiring to defraud the complainants of a maisonette built on land parcel LR No. 1870/III/417 in Westlands, measuring approximately 0.1178 hectares.

The prosecution alleges that on or before April 29, 2019, the two jointly conspired to fraudulently register a lease document for the land, purporting it to be a genuine document issued by the Ministry of Lands at Ardhi House.

They face multiple counts, including conspiracy to defraud, forgery, making documents without authority, obtaining land registration by false pretences, and uttering forged documents.

The court heard that the accused persons allegedly forged signatures and stamp impressions of a land registrar, O.J. Cartwright, on lease and transfer documents to facilitate the fraudulent acquisition of the property.

The prosecution further claims that the duo forged documents purporting them to be valid lease agreements and sale agreements signed by the late Shokatali Gulam Hussein Habib.

Adan faces additional charges of uttering forged documents to a police officer at the Directorate of Criminal Investigations headquarters at Mazingira Complex on March 23, 2023.

He is also accused of trespassing onto the property in 2019 with intent to annoy the complainants.

The case will be mentioned on April 27, 2026, when the court expects the accused persons to be presented for plea taking.