BY NT CORRESPONDENT.
The Director of Public Prosecution Noordin Haji has lost his bid to withdraw a criminal charges against Sports CS Amina Mohammed’s brother Ahmed Rashid Jibril and his wife Farrah Ali Mohamed.
This is after Milimani magistrate Rosalyne Aganyo ruled that the ends of justice will be met by disallowing the application by withdrawing the matter against the two.
“I hereby do not allow the application and do order that the matter shall proceed for hearing in the normal manner before this court to its conclusion.” Ruled Aganyo.
Jibril and his wife Farrah are accused that on or about October 19,2015 at unknown place in Kenya, jointly with others not before court conspired to defraud Francis Nyaga Njeru of his parcel of land valued at Sh75 million.
It is alleged they entered into a tenancy lease agreement with China Road and Bridges purporting that they were the registered owner of the land
His wife, Farrah is yet to plead to the charges and was ordered to appear in court on May 7 for plea taking.
“The offences as charged are serious and involve land which is very emotive in Kenya today. It also pertains to proprietary rights protected by the constitution and the serious crimes such as those in this case should proceed to final trial before a competent court of law,” the court ruled.
The Magistrate further said that improper termination of serious criminal charges will demoralize the police who conduct investigations and prosecutorial agencies to detriment of the country’s ability to combat and deter such crimes.
She added that the criminal case cannot be withdrawn without involvement of all the parties especially the complainant whose case is before court.
She further said the DPP, who represents the complainant in court proceedings of a criminal nature is not in a fitting position to compromise the various criminal charges such as the case.
“The interests of justice would require the concurrence of the victim who is in this case the complainant, the true owner of the property subject of the claim,” added the court.
The court noted that in the middle of the proceedings, the prosecution suddenly made the application for withdrawal under section 87 (a) of the criminal produre code.
The withdrawal was allegedly based on instructions from superiors who is or are not named after a meeting of the accused person, the investigating officer and referred to director, yet the complaint who is the aggrieved party was not included in the meeting.
“Neither was he informed of the same and in consideration of his reaction of surprise immediately the application was made. The said instructing superiors are not in court to make the application,” the court added.
She added that the said instructing superiors had neither filed any documentation or letter with the instructions of the person taking the said responsibility.
The two are also accused of making a false document with others not before court with intent to defraud Njeru of his parcel of land.
They are alleged to have registered the land in the name of ARJ Capital Limited purporting it to be genuine and valid title deed issued and signed by Peter Mburu a land registrar a fact they knew to be false.
The couple is facing other charges of obtaining registration of land by false pretenses and forcible detainer.
The matter was filed in court on December 24, last year when the matter was before the court for plea taking but both accused persons were not in court.
A warrant of arrest was issued against them and Jibril later pleaded not guilty and was released on bond.
