Former Lamu Senator Anwar Loitiptip will be back in
court today for the hearing of a case where he is charged with Sh6 million
motor vehicle fraud.
Anwar was charged with the offence in 2023 and was released on a Sh700,000 bail after pleading not guilty to the charges.
The charge sheet states that on August 3, 2022, at an unknown place within the country, without lawful authority or excuse, he made a motor vehicle registration certificate purporting it to be a genuine certificate issued by the National Transport and Safety Authority.
He faced another count of fraudulently uttering to Samson Malonza a forged motor vehicle certificate for motor vehicle registration number KDA 005C on the same dates and place.
The court heard the former senator also fraudulently obtained from Samson Malonza a total sum of Sh6 million by falsely pretending that he was in a position to sell to him a Land Cruiser V8, a fact he knew to be false.
The offences were allegedly committed in Nairobi’s Kileleshwa area. The hearing resumes before Principal Magistrate Paul Mutai at the Milimani Law Courts in Nairobi.
Today’s hearing resumes after the parties failed to agree on negotiations aimed at settling the matter out of court.
The magistrate had in May directed the parties involved to hold discussions and try to reach an agreement.
That was after Loitiptip's lawyer requested additional time to engage with the complainant on a possible resolution outside the court process.
“We seek more time to negotiate the matter, including the transfer of parcels that could help resolve the issue,” the lawyer submitted.
The prosecution opposed the request, noting that the defence had previously sought adjournments and had not yet contacted the complainant.
The court was informed that the prosecution also needed time to consult with the complainant before providing a formal response to the proposal.
Today’s hearing means the purported talks failed and the matter now proceeds for a full trial.
Koimburi land fraud case set for pre-trial session
The pre-trial phase of the land fraud case facing Juja MP George Koimburi is expected to take centre stage today.
This comes as the case resumes at the Milimani Law Court, having stalled in October due to the absence of two accused persons.
The case before Senior Principal Magistrate Bernard Ondieki on October 22, saw proceedings adjourned after two of the accused persons failed to attend court.
The defence informed the magistrate that one of the accused was unwell and seeking medical attention, while the third accused, lawyer Gathii Irungu, was said to be in the United States.
The court directed the defence to provide medical documentation supporting the absence and to clarify Irungu’s status before the case could move forward.
Koimburi and his co-accused, Shelmith Karunguri Maina, have been charged with conspiring to defraud landowner Julius Gitonga Githinji of a parcel of land valued at approximately Sh10 million.
The contested property, Ruiru East/Juja East Block 2/36, is alleged to have been unlawfully transferred using forged ownership documents.
Both Koimburi and Karunguri have denied the charges and are out on a Sh100,000 cash bail each.
The court was previously informed that the third accused, Irungu, had not taken plea due to his absence.
His earlier attempt to halt the prosecution through a constitutional petition was dismissed in August, when Justice Lawrence Mugambi ruled that questions regarding the alleged fraud must be addressed by the trial court, not the High Court.
The matter is set for the pre trial session.
Russia recruitment case
Elsewhere, the case against businessman Edward Gituku—accused of trafficking 22 Kenyans to join combat in the Russia–Ukraine war—returns to the Kahawa Law Courts today.
This comes weeks after the court declined a defence request to strike out an affidavit filed by the investigating officer opposing his release on bail.
During the last session in October, Magistrate Gideon Kiage ruled that the sworn statement by Sergeant Bramwel Saima would remain part of the case despite strong objections raised by the defence.
The ruling followed an application by Gituku’s lawyers, led by Danstan Omari, who argued that the officer’s involvement risked compromising the integrity of the proceedings.
Omari told the court that Sergeant Saima should not participate in the matter, adding that the officer was already facing a parallel suit in the High Court after the defence sued him for Sh10 million.
The constitutional claim, he said, stems from alleged violations of Gituku’s constitutional rights during his arrest and detention.
The defence accused the officer of moving the suspect between different courts without informing his legal team, and of engaging in conduct that, they argued, rendered his affidavit unreliable.
The prosecution opposed the defence application, insisting that Sgt Saima’s testimony formed a central part of the investigative file and was necessary for the State to effectively present it's bail arguments.
Magistrate Kiage dismissed the bid to strike out the statement, noting that the claims raised against Sgt Saima remained untested by the trial court.
He emphasised that the affidavit would be considered independently based on its merits within the present criminal case.
Following the ruling in October, Gituku pleaded not guilty to charges of trafficking.
The case comes back for a mention.
