Two Mombasa-based
businessmen have been charged with conspiracy to defraud a hotel of land worth
Sh100 million.
Isaac Obila and Omar Ibrahim denied the charge before Mombasa resident magistrate Green Odera and were released on a Sh100,000 cash bail each with an alternative bond of Sh500,000 with a similar surety.
The duo faced charges of conspiracy to defraud, contrary to Section 317 of the Penal Code.
The charge sheet showed that jointly with others not before the court, allegedly conspired to defraud Kilifi Hotels Limited of two parcels of land in Kilifi county.
The parcels were identified as LR No. 10173 CR 19906 and LR No 10174 CR 19907. The offences were allegedly committed on unknown dates.
The charge sheet said the parcels were fraudulently amalgamated into Grant LR No 28432 CR No. 64591 and registered under Arvic Tours and Travels Limited, before a new grant (LR No 28432/2 CR No. 70282) was created and registered under Ibrahim’s name.
Obila was separately charged with obtaining registration of title contrary to Section 320 of the Penal Code.
He is accused of fraudulently causing the registration of Grant LR No 28432 CR No. 64591 at the Mombasa Land Registry on February 10, 2015, while acting as a director of Arvic Tours and Travels Limited.
Ibrahim faced a similar charge of obtaining registration of title where it was alleged that on July 18, 2017, he fraudulently obtained registration of Grant LR No 28432/2 CR No. 70282 at the Mombasa Land Registry, also with the intent to defraud Kilifi Hotels Limited.
Prosecution counsel Purity Musembi did not oppose the release of the accused persons on bond but urged the court to impose tough conditions citing the grave nature of the alleged offences and the value of the property involved.
However, defence lawyers called for lenient bond, saying the accused persons were not a flight risk and had known places of abode.
In his ruling, Magistrate Odera ordered the accused to deposit a bond of Sh500,000 with a surety of a similar amount or pay a cash bail of Sh100000. The case was scheduled for pre-trial directions on September 9.
