A warrant of arrest issued against two businessmen over claims that they forged a title deed for a 10-acre piece of land in Nairobi has been lifted.
Makadara law courts Senior Principal Magistrate Angelo Kithinji lifted the warrant of arrest against Manshukhlal Patel and Perry Kansagra (pictured) following an application by their lawyer William Arusei.
Mr Arusei argued that the businessmen were not aware of the forgery case.
The magistrate, however, directed Patel and Kansagra, who are directors of a company being blamed for the death of 47 people in the Solai dam tragedy, to present themselves to court when the matter comes for mention on January 6.
Arusei told the court the warrant of arrest was issued after the prosecutor made the court to believe the traders were evading prosecution when they had not been served with any summons.
“There were no summonses served requiring them to appear in court. The court was misled into issuing the arrest warrants. They are ready to face their accusers when the time comes,” said Arusei.
According to the lawyer, Patel and Kansagra are innocent traders who bought the piece of land and got a valid title deed. He says the forgery charges are meant to scare the two from claiming ownership of the land.
Arusei said the dispute over the 10 acres in Industrial Area, valued at Sh10 billion, was already before the Environment and Lands Court.
“The dispute is before the land’s court. The other parties are trying to steal the land by pushing for criminal charges. They should wait until the higher court determines who is the genuine owner,” said Arusei.
Patel and Kansagra are also directors of Kensalt Ltd and Supplies. They are accused of forging the title deed of the disputed land.
They were to appear in court on Monday to face the charges but failed to show up, leading to the warrant of arrest, which has now been lifted.
The matter will be mentioned on January 6, 2020.
