Two businessmen charged with defrauding private firm of land worth Sh1.6 billion

Two businessmen, John Gitau Ngumu and Atek Otech Richard, have been charged with defrauding a prime parcel of land valued at Sh1.6 billion along Mombasa Road. 

The two appeared before Milimani Magistrate Benmark Ekhubi on Thursday, where they faced six criminal charges, including conspiracy to defraud, forgery of a title deed, and presenting the forged document to the Deputy Registrar of the Environment and Land Court in Nairobi.

Gitau and Otech denied the charges in court, pleading not guilty to the accusations. 

They were charged alongside their co-accused, Bernard Otieno Mallo, who failed to attend the plea taking due to health reasons.

According to the charge sheet, Otieno alone faces additional charges, including perjury, for his alleged involvement in the fraudulent land deal.

The charges, presented by the Director of Public Prosecutions (DPP), detail an elaborate scheme where the accused conspired to defraud Landmark Freight Services Limited of a valuable parcel of land, Land Reference Number 21068, located along Mombasa Road. 

The land, measuring approximately 0.6724 hectares, is said to be worth approximately KSh 1.6 billion.

According to the charge sheet, Gitau and Otech, along with others not before the court, forged documents to falsely claim ownership of the land. 

They allegedly presented these fraudulent documents to the Deputy Registrar of the Environment and Land Court, falsely purporting them to be legitimate records issued by the Ministry of Lands.

The first charge outlines how the accused conspired to mislead Landmark Freight Services Limited by pretending to be the rightful owners of the land a claim they knew to be false. 

The charge sheet states: "On an unknown date and place within the Republic of Kenya, jointly with others not before court, Gitau and Otech conspired with intent to defraud Landmark Freight Services Limited of a parcel of land, Land Reference Number 21068, by falsely pretending to be the genuine owners of the said land, a fact they knew to be false."

In a second count, the duo were accused of making a false document without lawful authority. 

The charge reads:"On an unknown date and time within the Republic of Kenya, jointly with others not before court, Gitau and Otech, with intent to defraud and without lawful authority, made a false document namely a title deed (Grant) I.R. No. 143069 in favour of Beba Freight Limited purporting it to be a genuine and valid document issued by the Ministry of Lands."

Their co-accused, Bernard Otieno Mallo, is charged separately with three counts of uttering a false document. 

The charges allege that on July 2, 2024, Mallo, in collaboration with others not before the court, presented a forged allotment letter to the Deputy Registrar of the Environment and Land Court, falsely claiming that it was a legitimate document issued by the Ministry of Lands. 

The charge states:"On July 2, 2024, Mallo, jointly with others not before court, knowingly and fraudulently uttered Allotment Letter Ref. No. 57458/XVI dated July 6, 1995, for Land Reference Number 21068, in the names of Beba Freight Limited, to the Deputy Registrar of the Environment and Land Court at Nairobi, purporting it to be a genuine document issued by the Ministry of Lands."

Additionally, Mallo faces a charge of perjury for allegedly providing false testimony in a judicial proceeding related to the land dispute. 

The perjury charge stems from an affidavit he filed in the Environment and Land Court, where he is accused of knowingly giving false testimony that was material to the case. 

The charge sheet reads:"On July 2, 2024, in the Environment and Land Court at Nairobi, in a judicial proceeding in Land Case Number E264 of 2024 Beba Freight Company Limited vs. Bharat Ramji Manji and three others Mallo knowingly gave false testimony in an affidavit sworn before Ruth Emanikor, a Commissioner of Oaths."

After denying the charges Gitau and Otech urged the court to be freed on a reasonable bail saying they will abide by all conditions set by the court. 

Consequently, they were released on a bond of KSh 600,000 or a cash bail of KSh 250,000, with three contact persons, one of whom must be a civil servant.