Three suspects in Ksh.350 million NSSF land fraud case fail to take plea

This is after the court was told that the suspects face similar charges before another magistrate in a related case.

"There's a court of appeal desicion staying arrest investigations and prosecution of the accused persons," the court was told

The trio is accused of conspiring to defraud NSSF of a 3.043-hectare plot in Mavoko Municipality valued at approximately Ksh.350 million. 

According to the charge sheet, the suspects allegedly forged transfer documents and a Certificate of Title, falsely presenting them as genuine documents signed by the NSSF Board of Trustees and the Ministry of Lands.

They face multiple charges, including making a false document contrary to Sections 347(a) and 349 of the Penal Code, forgery under Sections 345 and 349 of the Penal Code, and obtaining registration by false pretence under Section 320 of the Penal Code.

However, plea taking did not proceed after the defence informed the court that a similar matter is already pending before another magistrate, Magistrate Ekhubi. 

The defence argued that the charges before the two courts are “word for word” the same and that the matter is scheduled for mention before Magistrate Ekhubi on Monday to confirm the status of a Court of Appeal decision.

It was further revealed that there is an existing Court of Appeal ruling staying the arrest, investigations, and prosecution of the accused persons.

The court consequently postponed the plea taking to next Monday to allow clarification on the status of the appeal and related proceedings.