- The businessman is said to have willfully procured registration of the land title by pretending that it is genuine and he is the valid owner.
- He allegedly committed the offence between January 7, 2018 and June 29, 2020 at Ardhi House in Nairobi.
Image: CAROLYNE KUBWA
A Nairobi businessman who allegedly obtained a title deed by false pretenses was on Friday charged before a Milimani court.
Abdirashid Abdul Sharifow alias Zainulabidin Sharif appeared before Chief Magistrate Francis Andayi and denied the charges.
The businessman is said to have willfully procured registration of the land title by pretending that it is genuine and he is the valid owner.
He allegedly committed the offence between January 7, 2018 and June 29, 2020 at Ardhi House in Nairobi.
He faced a second count in which he is accused that on May 5 this year at the Directorate of Criminal Investigations headquarters in Nairobi, with intent to deceive, he presented himself to Chief Inspector Wanga Masake as Zainulabidin Sharif and the registered owner of the disputed land.
Abdul is alleged to have committed the offence, jointly with others not before court at the Ministry of Lands headquarters.
The prosecution did not oppose his bond but wanted application on fingerprints allowed.
“Investigating officer tells me the specimen hand writing was not taken from the accused and we also need his fingerprints,” prosecution counsel Angela Fuchaka said.
She added that during his arrest and at the police station, the accused was not in proper medical condition to have the figure prints and signatures taken.
"It's true he spent at the night at the police station but his counsel advised him not to take the figure prints and signatures," she said.
Through his lawyer Abdul, had applied for a stay of proceedings on claims that he had obtained orders from Environment and Land court on the same case.
His lawyer had also challenged the charge sheet arguing that it was defective, since the person referred to in the charge sheet as alias is a known person with an identity card.
We feel the prosecution is using the court to perpetuate an illegality to gather evidence through backdoor by asking for the signature specimen.
“The prosecutions are malicious and sample of signatures is an illegality. The charge in court does not require sample signatures,”the court was told.
The court however, ruled that the matter before High Court does not relate to the criminal proceedings since the prosecution had not been served with the orders.
Andayi also ruled that the police have a right to take finger prints as it is a legal process.
“The prosecution can amend the charges and I see no reason to deny the prosecution the application. I order the accused to take himself to DCI to be taken finger prints and samples of signatures,” Andayi ruled.
Abdul was released on a cash bail of Sh100,000. The case will be mentioned on May 20.
-Edited by SKanyara