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While being cross-examined by defence lawyer George Gilbert, Mbagaya told Milimani chief magistrate Lucas Onyina that the criminal case in which a former Kayole chief and 3 other people are charged with land fraud amounting to Sh 944 million ,belongs to Gidjoy Investment Ltd .
Asked whether she knew for a fact if the land in question belongs to Gidjoy Investment Ltd ,which is the complainant in the criminal case, she affirmed that the suit property belongs to the investment firm.
“Yes the land belongs to Gidjoy from what i can remember i received some documents during NLC hearing in 2016 before we were stopped by the court,” she said.
Mbagaya further told court that no determination was made by NLC on the ownership dispute bought before it.
During her her evidence in chief earlier Mbagaya who also was the chair of the review of grants committee of the commission, revealed that the NLC received a complaint from Nairobi county government to review the legality and propriety that the piece of land in question was public land.
She added that the commission through the committee invited parties to appear before it on 14 th January 2016,to make a presentation on how they aquired the pieces of land.
“The commission listened to Gidjoy investment, county government of Nairobi, Sowesava self help group and other groups ,” said Magaya.
In a witness statement, she told court that she later learned that her former boss and chairman Mohammed Swazuri had made a decision on the some property through Gazette Notice dated 18th November 2018.
“When it was brought to my attention that the Chairman had gazetted the determination despite the fact that the matter was actively before Court ,and the commission stood to be charged with contempt .I proceeded to reverse the illegal decision of othe chairman and state the correct position of the commission that the matter was in court.
She further clarified that there was a correction made through of a corrigendum on the Kenya Gazette dated 15th February 2019 ,cancelling the determination of the the commission on the dispute surrounding the gazette notice the dated 9 th november,2018.
In the matter, four officials of the Sowesava self-help group are facing charges of conspiracy to defraud Gidjoy Investment Limited 11.8 Acres parcels of land worth Kshs 944Million.
They include Patrobas Awino an organizing Secretary,a a former Chief of Kayole in Nairobi, Alexander Hoops, Peter Gitau Muiruri, Peter Njoroge Kanika, and Patrobas Awino.
They are accused of conspiring to defraud the said company the said property located in Donholm Nairobi by false pretending that they had genuine title deed issued and signed by Rosemary Anyango Ngong’a, a Land’s Registrar.
The offense allegedly occurred on or about 28 November 2001 jointly with others who were not before the court.
The 11.8 Acres are; formerly Nairobi lock 82/7333 now part of amalgation of parcels Nairobi/block 82/7813 to Nairobi/block 82/7856.
The four are also accused of making a false documents namely Letter of Allotment and a Lease with intent to defraud the said company the said land worth sh 944 million.
They also face a charge of forging a title deed purporting it to be a genuine title issued and signed by Rosemary Anyango on unknown dates jointly with others who are not before the court.
The court heard that they also forged another lease purporting it to be a genuine Lease signed, stamped and executed by Ng’arua kamuya Ng’arua and advocate of the High
