An elderly man accused of fraudulently conspiring to defraud a Nairobi businessman five acre piece of land worth Sh150million was on Wednesday charged before court.
Benson Muia Muli 80, pleaded not guilty to three charges leveled against him.
In the first count, Muli is accused that on unknown date and place within the country, jointly with others not before the court, conspired to defraud David Matheri of his parcel of land LR. 12715/716 measuring approximately 5 acres, situated at Syokimau.
The land is valued at approximately Sh150 million by means of a forged Grant LR NO 47959 claiming the same had been transferred to his name.
In the second count, Muli is said to have on uknown date and place, jointly with others not before court, with intent to defraud Matheri of the parcel of land forged the signature of Elizabeth Gicheah, the former land Registrar purporting it to have been signed by the said Elizabeth Gicheha to facilitate transfer of the said land parcel to his name.
Muli was in count three charged with making a false document contrary to Section 347(d)(1) as read with Section 349 of the penal code.
The particulars of the count was that on unknown date and place within the Republic of Kenya with intent to deceive, Muli made a false document namely sale agreement dated January 3, 1990 for parcel of land LR 12715/716 measuring approximately 5 acres situated at Syokimau, valued at approximately Sh150, 000 purporting to have been signed by Simeon Muange Mawnziu as the vendor.
Muli denied the charges before Mavoko Principal Magistrate Eunice Kimaiyo and pleaded for lenient bond terms saying he was elderly and on medication.
The prosecution did not oppose his bond terms but urged the court to consider the amount involved in the case.
While issuing her ruling, Magistrate Kimaiyo said she had listened to the prosecution statements, the defendant, alongside his advocate, and determined that he was fit to be released on lenient bond terms.
“I have seen the accused person, he is an old man. I have no doubt that the accused is approaching his 80 years of age, and therefore should take that into consideration,” Kimaiyo said.
“I considered the submissions of the prosecutor, advocate representing the accused and I am also informed that there is a similar matter which is in High Court. The matter relates to the same parcel of land, same parties. I’m also informed of another matter in Mavoko Law Courts with the same accused person,” she said.
“The accused person will be given a reasonable bond. The purpose of the bond is to ensure that the accused person appears in court. I therefore proceed and exercise my mind on whether this accused person is fit to be released on bond.
The accused person was released on Sh1 million bond with surety of the same amount, or a cash bail of Sh500, 000.
The case will be mentioned on November 2.
