Three brothers in Sh350 million land dispute face forgery charges

Mombasa Cement in Athi River, Machakos county. [File, Standard]

Three brothers are expected to appear in court today over forgery allegations related to Sh350 million land dispute with Mombasa Cement.   

This is after the Court of Appeal declined to issue orders to block the prosecution of Harish, Bharat, and Ashvin Ramji, following the recusal of Justice Daniel Musinga from the case.

While recusing himself from the case, Justice Daniel Musinga stated that he would not continue handling the matter due to his involvement in a related case pending before the Supreme Court.
“Having recused myself from this matter for reasons that I have stated, we so direct that this application be heard on September 3. I do not wish to make any order beyond that, considering that I am recusing myself so let us leave it at that,” Justice Musinga said.

His recusal left the initial bench unable to issue any orders to block the prosecution.

As a result, the Ramji brothers are expected to appear before Milimani Chief Magistrate Court today for plea-taking.   

The three brothers have appealed against a High Court judgment that allowed their prosecution over alleged forgery of National Social Security Fund (NSSF) documents, with the intention to acquire a 7.4-acre land in Mavoko worth more than Sh350 million.

On July 24, the Kiambu High Court dismissed the Ramji brothers' application to block their prosecution. 

Despite this setback, the court suspended the execution of its judgment until August 30, granting the brothers a temporary reprieve to challenge the decision. 

However, the brothers faced another obstacle after the High Court orders that had previously barred their prosecution lapsed last Friday. 

Without a Court of Appeal order to continue blocking their prosecution, the path was cleared for the Directorate of Criminal Investigations (DCI) and Director of Public Prosecution to proceed with criminal charges.  

The three brothers had sought the Appellate court's intervention saying that they are set to appear before a magistrate on September 3 for plea-taking.

But the three judge bench comprising of Justices Musinga, Kathumira M’inoti and Paul Gachoka, directed that the siblings appear for the hearing of their application before a different bench on September 3, the same day the Ramjis are scheduled for plea taking.

Mombasa Cement has urged the Court of Appeal to dismiss the application by the three siblings saying it is an abuse of the court process.

The cement producer has also opposed a request by the trio to have the court quash any investigations conducted by DCI and their prosecution over forgery allegations. 

"It is appearing that the applicants have and continue to abuse the court process in order to delay and frustrate the criminal proceedings preferred. We pray the present application for stay be struck out and or dismissed, " Mombasa Cement manager Evans Muigai states in court papers

The brothers initially filed a lawsuit against Mombasa Cement in 2010, claiming ownership of the property through a transaction with the NSSF.

However, their suit was dismissed by the High Court in 2019. 

They subsequently appealed, and in 2023, the Court of Appeal ruled in their favor. 

Mombasa Cement, dissatisfied with the ruling moved to the Supreme Court, while the DCI proceeded with prosecution of the Ramjis brothers on forgery charges.