The trial of a fraud case against former Kajiado Land Registrar Jonathan Kimutai Koskei and his alleged accomplice Victor Baraza Odhiambo proceeded yesterday as the complainant testified.
Koskei is accused of conspiring with Odhiambo to defraud his business partner, Luiza Chepkesio, of a piece of land.
The two appeared before Milimani Chief Magistrate Lukas Onyina for the hearing of the case.
The complainant is represented by lawyer Gregory Ndege.
The court heard that Luiza and Koskei, who was then the land registrar at the Kajiado County Land Registry, registered a company known as Hadiko Company Limited on December 2, 2011.
Prior to the registration of the company, the two had entered into an agreement to purchase a parcel of land, LR Kajiado Kitengela/300, located in Milimani, Kitengela.
Koskei had informed Luiza that the vendors’ employer had land for sale in the area.
After viewing the property, they agreed to purchase it.
Following negotiations, the agreed purchase price was KSh 1,050,000, and a sale agreement was signed on June 7, 2011.
The payments were made, and the transfer documents were prepared in favour of Hadiko Company Limited.
The court was informed that after acquiring the land, the two directors planned to construct maisonettes for resale.
They developed architectural drawings and obtained approval from the Kajiado County Council.
Construction commenced while a caretaker was already residing on the site.
Luiza introduced Koskei to the caretaker as her business partner.
The two would occasionally inspect the construction progress together but Koskei later stopped visiting the site, even before the foundation was completed.
In mid-2016, Luiza received a phone call from the caretaker, who informed her that Garam Investments had issued a notice to vacate the property, citing that it had been used as collateral for a loan at I&M Bank.
The loan, amounting to KSh 13 million, was allegedly taken by Koskei.
Upon receiving the notice, Luiza contacted Koskei, who denied any knowledge of the loan.
She then engaged her lawyer, who visited Garam Auctioneers and confirmed that the title deed was in Koskei’s name and had been charged at I&M Bank for the loan.
The prosecution alleges that Koskei and Odhiambo fraudulently prepared a land sale agreement dated March 1, 2013, falsely purporting that Koskei had sold the property to Odhiambo.
The property, which includes a house, is valued at KSh 14 million.
Odhiambo is accused of fraudulently procuring the registration of the land title in his name at the Kajiado County Land Registry.
The court further heard that between September 2013 and February 2014, Koskei, knowing that the green card and associated documents could be used as evidence in court, willfully destroyed them to obstruct justice.
Additionally, Koskei is accused of abusing his office between May 3, 2012, and August 5, 2013, by improperly transferring the land to himself and using it as collateral for the KSh 13 million loan.
The accused are out on a bond of KSh 1 million each.
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