Ashok Doshi: Intrigues that led to prosecution of billionaire over prime city land

Ashok Doshi has been in possession of the land for over 30 years. [iStockphoto]

What is more intriguing was the decision of the Director of Public Prosecutions to charge Doshi while overlooking an earlier recommendation by the DCI to prosecute Jennifer on eleven counts of forgery, giving false information, uttering a false document and obtaining registration by false pretence.

Trouble over the land's ownership started in 1995 when Jennifer is alleged to have changed her mind, saying she wanted to repurchase it from Doshi. In the alternative, she demanded the land be registered under their joint ownership but the businessman declined.

Sheth revealed the details in his affidavit that he declined Jennifer's manoeuvres and to be part of a scheme that would have gone against Magnum Ltd's legal rights as the rightfully owner since it would have amounted to professional misconduct.

Repurchase property

"While the land transaction had been marked as concluded in 1992, Jennifer changed mind along the line and in August 1995 wrote to Magnum Ltd indicating that she wanted to repurchase the property due to pressure from her family," swore Sheth.

When that scheme failed, Jennifer turned to the DCI and filed a complaint in September 2009 alleging the sale price was agreed at Sh120 million and that there were two sets of sale agreements.

Her claim was that Doshi's company made a down payment of Sh20 million as per the first sale agreement and the balance of Sh100 million was to be paid as per the second sale agreement which she had not received.

She also claimed that she learned of a fraudulent transfer of the land and issuance of a title deed to Magnum Properties Ltd although the purchaser was yet to pay her the balance of Sh100 million.

The DCI stated that since Jennifer kept on making frivolous complaints against Magnum Properties Ltd, they centred their investigations on the existence of two sale agreements, validity of Sh1.2 million stamp duty paid to the government and the alleged fraud in transferring the land to Doshi.

The DCI did its first investigations and on September 25, 2021 released a report which has been filed in court as evidence of who owns the land. The report signed by PM Kayemba on behalf of the DCI gave a detailed account of the land's ownership dispute and concluded that the allegations by Jennifer were based on misrepresentation of facts which cannot amount to criminal prosecution.

"The current directors of Greenview Lodge Limited cannot be complainants and witnesses in the criminal case as they hold a title deed acquired through fraud and malpractice. Their case against Doshi is contrary to public interest and abuse of the legal process," said the DCI.

The case is scheduled for hearing on June 27. [iStockphoto]

With the withdrawal, Doshi resumed possession of the land hoping that the matter was settled only to be summoned by the DCI three months later and be dragged to court where he was charged alongside his company Magnum Properties Limited with four counts of fraud and forgery.

"Between May 14, 1992 and September 2, 1992 at Ardhi House, Nairobi, within the Republic of Kenya jointly conspired with intent to defraud the government of Kenya Sh1.2 million by fraudulent means," read count one.

He faced a second count of making a document without authority; the third count was for forgery while count four alleged that Doshi forcibly took possession of the land in a manner likely to cause breach of peace against Greenview Lodge Ltd.

Whereas Doshi was charged with forging a stamp duty valued at Sh1.2 million to register the title in 1992, documents from government records filed in court shows that the stamp duty was genuinely paid for, acknowledged by the Ministry of Lands and confirmed by the Government Printer.

A letter by the printer on May 13, 2021 in response to DCI investigations confirmed that Doshi's records of the land emanated from their office.

"Going by our records, the number of the records in question was printed and issued to the Ministry of Lands and Housing on May 25, 1992. A copy of our register book is herewith attached to confirm this," stated the letter from the government printer.

The case is scheduled for hearing on June 27.