BY SAM ALFAN.
A judge has suspended prosecution and trial of a 71-year old Mombasa tycoon Ashok Doshi over allegations of land fraud.
Employment and Labour Relations judge Oscar Angote issued a conservatory order suspending the prosecution of Doshi and his company Magnum Properties Ltd.
The court issued orders restraining the Director of Public Prosecution Noordin Haji together with the Director of Criminal Investigations and Inspector General of Police Japhet Koome from harassing Doshi on the facts arising from a case pending before a Milimani court.
Judge Angote further prohibited Green View Lodge limited from carrying any development, alteration and or disposal of the subject property along processional Way.
The court issued a conservatory order is restraining Chief Land Registrar from altering and or issuing any titles or making any entries on the register pertaining the subject parcel L.R No. 209/3850 situated along Processional Way.
In the same court, Justice E. K Wabwoto suspended the arrest and charging of Doshi’s co-accused Harit Sheth.
“Leave is granted herein shall operate as a stay of the arrest, charging and compelling to take plea by the applicant in respect to Police Case Number 121/120/2023 relating to discharge of his regulated role as an advocate in respect to the sale of L.R No. 209/3850,” directed Judge Wabwoto.
Doshi was charged before Milimani Chief Magistrate Lukas Onyina with forging stamp duty among other allegations. He is out after paying cash bail of Sh500,000.
The charge stated that they committed the offence between 14th day of May, 1992 and 2nd day of September, 1992 at Ardhi House, Nairobi, jointly with others.
It is further alleged that Doshi and Sheth made stamp duty receipt No. C409683, purporting it to be genuine and validly issued and signed by the Commissioner of Lands.
The court heard that they committed the offence on unknown date, time and place in the country, jointly with others not before court, with intent to defraud.
The prosecution also told the court that the tycoon possessed a parcel of land on Processional Way in a manner likely to cause a breach of peace against its owner, Greenview Lodge Ltd.
It is alleged that he committed the offence on the 5th day of September 2020 at Processional Way in Nairobi County, being in possession of a parcel of land LR.NO. 209/3850 belonging to Greenview Lodge Ltd without colour of right.
