An Italian and Kenyan charged with forging documents to take ownership of the Sh1 billion Salama Beach Hotel in Mombasa, have now petitioned their prosecution in the Malindi High Court.
On June 2, Italian Stephano Uccelli and Isaac Rodrot alias Mwaura were charged with 10 counts of forgery. The State says they forged documents to claim ownership of the Watamu-based hotel.
But the German owner of the hotel, Hans Jurgen Langer, has challenged the new petition and also wants Malindi Resident Judge Reuben Nyakundi (pictured) to disqualify himself. His lawyer Gregory Makambo says they cannot expect justice from the judge because he has previously ruled in Uccelli’s and Rodrot’s favour in a separate civil dispute over the same property.
Makambo says in an affidavit brought to the Malindi court yesterday that “Justice Nyakundi is not able to handle this matter in a dispassionate manner,” adding that there is “reasonable apprehension the Honourable judge is biased and in favour of the petitioners”. Justice Nyakundi ruled in favour of the petitioners on February 24 allowing them to continue possession of the hotel.
Now the German has contested the petition’s forum in Malindi, arguing it should be transferred to Mombasa where the Italian and Kenyan are facing criminal charges.
Nyakundi will rule on the application for recusal on August 17.
The two sides have been locked in a decades old dispute over the ownership of the hotel, which has changed hands several times. They have been locked in civil cases abroad, in Malindi and Mombasa courts.
Early this year, the German was violently ousted from the hotel on strength of a court order but in late May, the State threw out the Italian and Rodrot from the property then charged them with forgery.
The State alleges claims by Uccelli and Rodrot to the hotel are based on a series of forged documents that have been uttered in court, arbitrary processes and other government offices.
Meanwhile, the petition by Uccelli and Rodrot, through lawyer Joseph Munyithya, seeks to stop a criminal case where they have been charged in the lower court in Mombasa with forgery. The two sued the Director of Public Prosecutions, the Attorney General and the Inspector General of Police for unfair prosecution.
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