Three brothers were on Friday arraigned before the Milimani Chief Magistrate’s Court in connection with alleged land fraud.
Harish Manji, Ashvin Manji, and Bharat Manji were released on personal bonds of Sh200,000 each and ordered to return to court on Monday.
The release followed an objection from their lawyers, led by Ndegwa Njiru and Kennedy Echesa.
The defence team opposed their clients’ plea taking, arguing they had already been charged with the same offences in another court of equal jurisdiction.
The state, represented by Victor Owiti, requested that the trio be charged with conspiracy to defraud, making false documents, and obtaining land registration by false pretence.
According to the charge sheet, the three, together with others not before the court, allegedly intended to defraud the National Social Security Fund (NSSF) of a parcel of land measuring 3.043 hectares (approximately 7.5 acres) in Mavoko Municipality, valued at Sh350 million.
The document in question purported to be a genuine transfer document signed by the NSSF Board of Trustees.
The alleged offences are said to have occurred on or before May 27, 2010.
Lawyer Njiru argued that plea-taking should not proceed, citing the previous charges.
The Prosecutor countered that the alleged offences differ and that the suspects could face charges in separate courts for different matters.
“As the prosecution, we are ready for plea and the subject of subjudice does not arise,” Owiti said.
Chief Magistrate Dolphina Alego ordered the suspects’ release on personal bonds of Sh200,000 each, with one contact person required.
She directed both the prosecution and defence to present the charge sheet from the other court during the mention on Monday, December 8.
The state wants the suspects charged with forgery related to the alleged false land transfer documents.
The magistrate will give further directions, including whether the suspects will plead to the charges, during the next hearing.
