Previous 4th Largest shareholders of the collapsed Imperial bank, Gidjoy Investments Ltd (Company Reg No. 96403) have taken two men: Peter Gitau Muiruri and Peter Njoroge Kanika before the Chief Magistrates Milimani court over intent to defraud an 11.8 acres piece of contested land located in Donholm.
As per section 348 of the Penal Code (Cap 63 Laws of Kenya) the elements required to prove the crime of intent to defraud is the presumption that at the time when a false document was being made there was in existence a specific person ascertained or unascertained capable of being of being defrauded . The presumption is that the offender had not taken measures to prevent such persons from being defrauded.
The specifics of the case is that the two suspects made a false allotment letter of the said land valued at approximately Ksh.944 million or thereabouts belonging to Gidjoy investments. The suspects purported the letter to be genuinely signed by P. Amiani , a land administration office.
Whether the deal went sour is what https://mahakamaninews.com is yet to establish as the magistrate, Martha Mutuku set the case date for hearing on the 16th october 2019.
In May this year, Gidjoy Investment Ltd., developers of the Greenspan Estate in Donholm filed an application seeking to set aside orders issued by The High Court over ownership of this contested land. This was after SOWESAVA, a self-help group had obtained orders suspending Gazette No. 1551 issued by the National Land Commission in February 2019.
SOWESAVA Self-help group claimed that its members have been living in the disputed land for over 30 years and had even lobbied the government for the official allocation of the land upon which they were issued with allotment letters.
However, allegedly Abigail Mukolwe former vice chair of National Land Commission illegally published a Gazette notice No. 1551 dated February 19, 2019 that purportedly canceled, deleted and altered the earlier Gazette notice No. 1171 dated November 9, 2018 which had been gazetted by then Chairman Mohammed Swazuri after the 2016 hearing before the NLC had been concluded.
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