A businessman on Wednesday opposed an attempt by the Director of Public Prosecutions (DPP) Renson Ingonga to withdraw a Sh300 million land fraud case, insisting that the trial must proceed to its logical conclusion.
The DPP had sought to terminate the proceedings against Abdirahaman Muhumed Abdi under Section 87(a) of the Criminal Procedure Code.
However, the complainant, Parminder Singh Sethi, a Director of Pansiba Limited, represented by his lawyer Ben Musundi, argued in court that the prosecution had failed to provide any credible reasons for the sudden withdrawal.
“This is not a minor dispute; it involves deliberate forgery and fraudulent acquisition of land worth hundreds of millions,” the complainant’s lawyer told trial magistrate Geoffrey Onsarigo.
“My client, a legitimate businessman, is present in court today and ready to give his testimony.”
According to the charge sheet, Muhumed is accused of forging land documents in an attempt to unlawfully acquire two parcels, LR No. 209/10848 and LR No. 209/10849, by merging them into LR No. 209/16790, all valued at Sh300 million.
He is said to have then forged a certificate of title purporting it to be authentic and issued by the Ministry of Lands.
“The forged title was part of an elaborate scheme to dispossess my client’s company, Pansiba Limited, of its land. This is a clear case of economic crime and must be allowed to run its full course in court,” the complainant’s lawyer added.
The businessman told the court he had invested heavily in the disputed land and that justice would not be served if the case was terminated prematurely.
“I want the court to hear the evidence. We have already complied with all pre-trial requirements and the prosecution witnesses are ready to testify,” said the lawyer watching brief for the complainant.
The lawyer told the court that no new facts or material evidence had been presented by the accused person in their letter to the Director of Public Prosecutions (DPP) to warrant a review of the charges as recommended.
Musundi informed the court that investigations into the land fraud case took at least ten years.
“The arrest of the accused took place in Dubai, where he had fled after committing the fraud. The Directorate of Criminal Investigations (DCI) had to seek the assistance of Interpol, which issued a Red Notice for his arrest and deportation back to Kenya to face the charges. All this work by the DCI cannot be in vain. The evidence against the accused is glaring and overwhelming,” the lawyer stated.
He added: “The accused person has several other similar cases pending before various courts. Allowing him to walk scot-free would undermine the rule of law, the administration of justice, and would constitute a mockery of the criminal justice system.”
Investigating officers from the DCI have recorded statements from six witnesses in the case, all of whom have undergone pre-trial and are prepared to testify against the accused.
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Magistrate Onsarigo noted the objections raised and set August 8, 2025 as the date for his ruling on whether the DPP’s application to withdraw the case will be allowed.