The Sh2.3 billion Miwani land fraud case has been put off from Friday until March 1.
It was postponed because a typist has back problems.
Former magistrate Abdulkadir Elkindy was charged with conspiring with seven others to defraud the miller of 9.3 acres between 2007 and 2008. They have denied wrongdoing. The others are Kibos Sugar Company chairman Sukhwinder Singh, director of Crossley Holdings Ltd Ian Mawa, Philips Katiba, Moses Nyaburo, Kefa Lumumba, Epainto Apono and Crossley Holdings Ltd.
On Friday, the prosecution and the defence teams were to present their written submissions, but principal magistrate Julius Ng’arng’ar handling the case asked for more time. Ng’arng’ar said his secretary, who had suffered spinal problems, needed more time to finish typing proceedings.
The court will set a ruling date during the next sitting. Last month, the court heard that a certificate of consent authorising the disputed ownership transfer of the land was issued to two entities. Former EACC officer Stanley Miriti told Ng’arng’ar that the consent was issued to Crossley Limited Company and the Agro Chemical Housing Cooperative. Miriti investigated the alleged fraud.
The prosecution witness produced the two certificates as exhibits. He said they had the same serial numbers but were addressed to different parties. Miriti said minutes of a meeting were forged — one handwritten and the other typed, and both had the signature of the chairperson and secretary.
“We were furnished with the minutes upon request at the Nyando District office,” he said. The witness added, however, that he did not scrutinise the certificates.