- The order in question barred the NLC from paying out compensation for land to one Roseline Njeri, who is the owner.
- In the second count, he was accused of lodging the document to NLC to stop payment of the compensation to said Njeri.
A man who allegedly barred the National Land Commission from compensating a woman Sh2.6 billion for land has been freed on a Sh3 million bond or a cash bail of Sh1 million.
Simon Nyamanya was on Wednesday charged with three fraud-related counts .
In the first count, Nyamanya was accused of allegedly using forged documents of a land title to obtain a court order on November 24, 2020.
The order in question barred the NLC from paying out compensation for land to one Roseline Njeri, who is the owner.
In the second count, he was accused of lodging the document to NLC to stop payment of the compensation to said Njeri.
In the third count, he is accused of conspiring to defraud the process of compulsory acquisition of the parcel by pretending to be the owner.
The prosecution on Thursday through an affidavit sworn by police inspector Peter Kanagi filed an application that the accused be denied bond or bail.
The state argued that the accused had been previously charged in respect to the same document in two cases pending at Milimani and Makadara law courts.
“Your honour, the antecedents of these two cases point to a likelihood of the accused committing more offences related to the said parcel of land,” he said.
He also argued that given the severity of the offences there was likelihood that the accused would flee the jurisdiction of the court.
Senior prosecution counsel Joseph Mburugu submitted that it was in the interest of the public that the accused be detained in custody pending the determination of the case.
The application was, however, opposed by the defense led by William Arusei and Thomas Maosa.
Arusei averred that the affidavit by the investigating officer was scandalous and defamatory to the accused and it ought to be expunged from the court records.
“Yes, it's true the accused has two other cases that involve himself and Roseline Njeri but the prosecution has failed to show this court that the accused has ever absconded. Since 2016 the accused has diligently attended the two cases and they are still yet to conclude,” he said.
The defense further submitted that the listed witnesses are all government employees and that the accused has no capacity to intimidate them.
Delivering the ruling on Friday, Makadara chief magistrate Heston Nyaga said the grant or denial of bond or bail ought not to be used to punish an accused person.
“An accused is presumed innocent until proven guilty in a court of competent jurisdiction and not in the court of public opinion or private assertions,” he said.
He ordered that the accused be freed on a bond of Sh3 million with surety of a similar amount.
“Alternatively, the accused may deposit a cash bail of Sh1 million and in addition provide two contact persons, to execute recognizance of Sh500,000 each undertaking to avail the accused in court,” he ruled.
The magistrate directed the accused not to enter the land in dispute directly or indirectly unless allowed to do so by court.
The case will be scheduled for a pretrial conference at a date to be given.
Edited by Henry Makori