Win for Tatu City as Court orders arrest of Kenyan partners

The Court of Appeal on Friday has okayed the imminent arrest and prosecution of Kenyan partners accused of registering caveats against Tatu City land using forged company registry documents.

In their ruling, the Appellate Court set aside the judgement and decree of the High Court made on November 12, 2013 stopping criminal proceedings against the Kenyan partners for the offence.

The Judges; Wanjiru Karanja, Patrick Kiage and Fatuma Sichale faulted the High Court for what they termed as an attempt to insulate  criminal elements from criminal prosecution.

The three also concurred with the Director of Public Prosecutions (DPP) and Attorney Generals’ (AG) position that there was a genuine and valid complaint and that the decision to charge the Kenyan partners was done in good faith and was supported by a document examiner’s report confirming the offence of forgery.

“Justice Mumbi Ngugi “was plainly wrong” and “committed a reversible error of law” when she shielded the trio from facing justice,” read the ruling.

The parent company, Tatu City Ltd and its main subsidiary Kofinaf Company Ltd, convinced the Court of Appeal that High Court Judge Mumbi Ngugi should not have blocked the prosecution of the pioneer partners Stephen Mbugua Mwagiru, his mother Rosemary Wanja Mwagiru and lawyer Robert Githu for forgery and making false documents.

The trio was alleged to have forged a report by Assistant Registrar of Companies, Wilson Gikonyo, on June 11, 2010 that was used to register caveats on nine prime properties belonging to the firms.

The Mwagirus had claimed to have been the sole shareholders and directors of Tatu City Ltd, which was previously known as Waguthu Holdings (K) Ltd, and applied to block any transactions on the land.

The Mwagirus ceased to be directors of Waguthu Holdings (now Tatu City Ltd) from March 4, 2009 and transferred all their shares, except one, to Cedar IV Ltd.

Similarly, they resigned as Tatu City board members.

Senior Counsel Kamau Kuria had protested that the criminal case was meant to coerce and intimidate the Mwagirus to withdraw two commercial disputes in which they were seeking the winding up of the companies.

“The DPP was working in cahoots with foreign investors to exert illegal pressure on the Mwagirus to remove the caveats,” claimed Kamau Kuria.