The last witness in a property dispute between two siblings in Mombasa will testify in November after hearing was adjourned because the magistrate was away on leave.
DCI officer Nathan Kipyatich was to take to the stand on Monday in the case involving businessman Noor Mohamed and his sister Zahara Pote.
Mohamed is facing charges of being in possession of 504 bullets and allegedly trying to frame his sister so that he takes over ownership of their property.
The case is being heard by Mombasa principal magistrate Charles Ndegwa. Zahara, her husband Mark Pote and deputy DCIO Francis Kipsang had testified in the five-year-old case.
Three magistrates have recused themselves from hearing the case. Mohammed denied the charges.
Monday’s adjournment was the second one in a row, after an earlier adjournment following Ndegwa’s loss of a relative.
Kipyatich who was the investigating officer was expected to testify but parties were dismayed to find the notice of adjournment on the door.
The notice said the hearing could not proceed because the magistrate was on leave.
“The honourable magistrate has since proceeded for leave, starting on September 17. He will be back by 0ctober 30. All matters from his court will be mentioned by honourable Kassim,” the notice said.
Just over a month ago, Ndegwa allowed for the adjournment of the matter after an application by defence lawyer Gikandi Ngibuini seeking the direction of the court on whether a “key witness” should be allowed to testify.
Ngibuini had successfully sought for the case to start afresh after Zahara and her husband had testified.
Principal magistrate Francis Kyambia disqualified himself from hearing the case after Ngibuini accused him of bias.
In August last year, Ndegwa recused himself citing lack of trust by two key witnesses.
Kyambia directed the matter to be placed before the chief magistrate court for directions. On August 15 last year, chief magistrate Evans Makori directed the case to proceed for hearing before Ndegwa.
During the last hearing, the court heard that Mohammed had schemed to have ammunition recovered in his sister’s house to cause her deportation.
An investigating officer told the court that Mohamed wanted his sister and the husband to be deported so that he could take over the ownership of family property valued at hundreds of millions of shillings.
Zahara, a former military hardware supplier in Afghanistan, is married to retired US soldier Pote.
Mohamed was arrested after being found in possession of the 504 rounds of ammunition. The bullets were recovered from his house on January 5, 2016.
The recovery was made days after the man reported to DCI officers that Zahara and Pote had given him a green box containing the bullets for safekeeping.
He is facing charges of being found with blank cartridges in circumstances that were prejudicial to public order. He is facing a second charge of giving false information to the police by trying to frame his sister with the weapons.