The disputed 134-acre land in Karen was obtained fraudulently, the Director of Public Prosecutions (DPP) has said.
In affidavits filed in court, DPP Keriako Tobiko said Ministry of Lands records indicated that the land belonged to Muchanga Investment Ltd, and other purported owners obtained ownership documents illegally.
Businessman Dimitri da Gama Rose, through Muchanga Investments Ltd and former National Social Security Fund (NSSF) Managing Trustee Jos Konzolo, who owns Telesource Com Ltd are entangled in a dispute over ownership of the land.
The DPP said the land, which was reportedly acquired by Telesource, had been acquired fraudulently using documents of a deceased individual.
"It was our decision that the circumstances surrounding the acquisition of the land paint a picture of a conspiracy to defraud involving Telesource, public officers from the Ministry of Lands and the lawyer who presented the transfer for registration," Tobiko said through prosecutor Ruby Okoth.
Okoth said based on the evidence on record, the DPP had found culpability on the part of the suspects in the actual transfer and subdivision of the land.
Purported transfer
Some of the issues the DPP raised include allegations that Telesource had purchased the land from John Mugo Kamau. However, Mr Kamau was deceased at the time of the purported transfer.
"According to Macmillan Mutinda Mutiso, Kamau appeared before him on October 17, 2005 and executed the transfer yet Kamau had passed away on April 27," the DPP submitted.
He also pointed out that the documents issued to Telesource were not procedurally stamped as required. Telesource has filed an objection in court seeking to have the DPP blocked from being party in the suit as the matter was before an environmental court and not a criminal court.
Muchanga Investments has sued Telesource, Director of Survey, Habenga Holdings, Jina Enterprises Ltd, Director of Physical Planning, Registrar of Titles, Ministry of Land and Chief Land Registrar in the dispute.
Da Gama Rose, who owns Muchanga and is represented by lawyer Cecil Miller, wrote to the Lands ministry protesting illegal invasion of the land and added that the process was being supervised by ministry officials.
In court documents, Da Gama Rose lays claim to the land, saying he bought the land in 1982 from Arnold Bradley through Barclays Bank of Kenya for Sh1.2 million.
High court Judge Lucy Nyambura directed the parties to file written submission. The matter will be heard on September 3.
