Director of Criminal Investigations (DCI) Mohamed Amin Mohamed has been given one more month by a Nairobi court to conclude a probe against three suspects accused of defrauding East Africa Portland Cement Company Limited of its land valued at Ksh14 billion in Mavoko Athi River Machakos County.
Milimani Senior Principal Magistrate Gilbert Shikwe allowed a plea by state prosecutor Judy Koech to indulge the DCI one month to conclude the complex investigations arising from the demolition of houses built on 4,298 acres of land worth billions of shillings.
Koech sought more time saying the investigators are still piecing evidence in abide to establish the true owners of the land claim by three executive officials of Aimi ma Lukenya Society (AMS).
The prosecutor told the magistrate it was important to allow the DCI a month to complete the probe since the matter was of great public interest.
“The Investigating officers need one month to conclude the probe before charges can be drawn against three officials of AMS,” Koech stated.
The three officials of AMS namely Messrs Julius Mutie Mutua, Pascal Kiseli and Alex Kyalo Mutemi were arrested on October 19, 2023, on allegations of conspiracy to defraud East Africa Portland Cement Company Limited of its land.
Defence lawyers Joseph Mutava and Jackson Kala sought to have three suspects discharged until the DPP concludes investigations.
“We seek you discharge the three officials as there are no charges preferred against them by the DPP so far,” Kala urged.
But Koech opposed the discharge request saying the suspects are out on cash bail of Ksh100,000 each and they are not in custody.
She added that granting police more time to conclude investigations won’t infringe on the suspects’ rights.
Magistrate Shikwe however allowed the DPP plea for one month to conclude the probe.
The three executive officials of AMS are accused of selling 4,298 acres of land valued at Ksh14 billion to their over 10,000 members.
They claim they had bought the land from the East African Portland Cement Company (EAPC) before they subdivided it and then sold it to their members who have since sold it to other people.
The pulling down of palatial homes in Mavoko came hot on the heels of a high court ruling by a Machakos Environment and Lands Court (ELC) judge, Lady Justice Annette Nyukuri.
The police are investigating offences against the three suspects on allegations of conspiracy to defraud EAPC PLC in its land following a complaint lodged by its Managing Director Oliver Kirubai.
Kirubai reported to the DCI that EAPC PLC is the registered owner of five parcels of land in dispute all situated within Mavoko municipality.
Further, Kirubai complained that EAPC has been experiencing a high-level invasion of the said five parcels of land by unauthorized groups namely AMS and Kitanda Na Mbusya.
“The two groups are suspected to be in possession of fake titles based on forensic document examination on a letter dated February 28, 2014,” a prosecutor told Shikwe.
EAPC PLC says it transferred the parcel of land which had been allocated to a colonial settler Douglas Harcourt Stanley on February 28 1961.
The grant was for a term of 952 from November 1, 1960, at an annual rent of Ksh859/60
The said land was transferred to East Africa Sisal Estates Limited in turn transferred to East African Cement Company on January 13, 1977, at a consideration of Ksh2 million.
Police are carrying out an in-depth probe into the matter that has raised eyebrows with innocent members of the public following prey.
The case will be on December 5, 2023.
