Simon Kiprono Laboso and George Kuria Mwaura after they were arrested over alleged fraud on September 182013. Photo/File –
BY SAM ALFAN.
Director of Public Prosecutions Keriako Tobiko has been sued by a Nairobi investor in a case where George Kuria Mwaura claims that he was arrested and charged wrongfully without investigations.
He alleges that he was arrested on the 18th of September 2013 while the investigations were carried out three months later.
George Kuria Mwaura was today granted permission by Justice Weldon Korir to file a substantive motion and serve upon the Director of Public Prosecutions Keriako Tobiko, Attorney General and the Milimani court Chief Magistrate.
In the case the Nairobi investor wants the high court to nullify the case that was instituted against him by DPP.
He also wants the court to find that Keriako Tobiko’s prosecution process against him in September last year where he was arrested at the high-court while following courts proceedings was unconstitutional.
Mwaura claims that he owns a half an acre piece of land in Nairobi’s parklands area and so his arrest was initiated to favour one Joyce Gathoni who is claiming to own the same land that Mwaura owns but according to the documents at the court Former Senior assistant Commissioner of lands alluded to the fact that there is no doubt that there was double allocation of the land.
The Nairobi investor therefore avers that he was arrested under DPP’s instructions in the absence of proper factual investigations. And that there was no sufficient material evidence which the prosecution could say with certainty that they had a prosecutable case.
He is therefore asking the court to find that there was an ulterior motive when he was arrested in September 2013 only for the investigations to be conducted in January 2014 and that there was no prior evidence for his arrest. That the DPP acted arbitrarily and in abuse of court process.
Mr George Kuria Mwaura and Mr Simon Kiprono Laboso were arrested on the 18th of September 2013 immediately the court adjourned the hearing of the case in which they have sued Mr Moi for allegedly transferring the 16-acre piece to a private company.
The four officers followed the two to Lady Justice Pauline Nyamweya’s court and stationed themselves outside the entrance. They pounced on them when they came out of the court.
It was not clear why the two were arrested, but their lawyer William Arusei claimed that it was part of a scheme to scare them off the case.
“The businessmen have never been subjected to any form of investigations, and if there were questions of fraud in relation to the land title, then the police should follow the proper way. This is an act of intimidation so that we lose the case even before it begins,” Mr Arusei said.
State counsel Anguyo said that he was not aware of any prosecution against the businessmen, but only a letter from the Director of Public Prosecutions alleging some fraud in the way the businessmen acquired the land title.
Judge Nyamweya declined to stop the arrests, telling Mr Arusei to follow the right procedure to stop it.
“If you have any basis as to why they should not be arrested, then there is the right court to make the application,” the judge said.
Mr Mwaura pleaded with the officers not arrest him, saying, he was just a friend of the businessmen and not the complainant.
The two were briefly held at the basement cells of the Milimani Law Courts and then whisked away in a private car.