Traders in forgery case cite bias

By Kurian Musa

Four businessmen facing charges of forgery of a title deed belonging to former President Moi have asked the court to disallow production of the document in another case involving the same parcel of land valued at Sh1.6 billion.

Through their lawyers, the four: Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Maraka and Noor Mohammed Hassan have opposed production of the title deed by Tulip Properties Limited Director Sajwan Singh.

Singh had taken the witness box set to give his evidence, but was stopped by the prosecution in order for the prosecutor to furnish the accused persons with the document.

Malice

Their lawyers accused the prosecution of malice for producing the title deed at the stage of hearing yet the court had directed in November last year, when their client took plea, that they get all witness documents in advance to prepare their defence.

Magistrate Frankline Gitonga put on hold the document as the lawyers for both sides contested whether they will prejudice the fundamental human rights of the four businessmen at the City Court in Nairobi.

The defence said the papers were fresh supportive items, while the prosecution held that there was no ill motive.

Seniour Counsel Pravin Bowry holding brief for the complainants told the court that he had crucial information he wanted to share with the court. But the accused’s lawyers challenged the decision, saying this was  in contravention of the law.

A spirited litigation argument ensued whether as a lawyer watching brief, Bowry was within the law or not.  Gitonga will determine if lawyer Bowry will go on record to address the court during the hearing of the case next week.  Also, the court will determine whether to allow the fresh document for cross examination against the four accused.

The four are asking the court to kick Tulip Properties Limited out of ‘their’ land. They are also held in a land tussle in the High Court where they asked the court to compel Moi to produce title documents to the suit land and a copy of the bankers’ cheque he received from Tulip Properties for the purchase of the land.