Ruling paves way for Ngilu court battle
29 April 2014, 12:59
Nairobi - Lands Cabinet Secretary Charity Ngilu will be sued for
contempt of court following her remarks on a multi-billion legal land tussle
between an Asian family and a company.
High Court judge Mumbi Ngugi allowed Flash Audio Services to
file contempt of court proceedings against Ms Ngilu for allegedly criticizing
the company in the presence of Mr Nazir Manji and Zahir Manji during a press
conference in which she vowed to dismantle fraud cartels at her ministry.
The lands Cabinet Secretary who has been listed as a
proposed contemnor and the two now face to be jailed a period of not more than
“Leave granted to Flash Audio Services for committal orders
of Mr Nazir, Mr Zahir and the proposed contemnor,” said the judge
Flash Audio Services allege that at a press conference on
March 21, Ms Ngilu made comments to criticize the company, witnesses involved
in the ongoing land dispute and the alleged innocence of Mr Nazir and Mr Zahir.
According to Flash Audio Services Ms Ngilu’s remarks touched
on the merits of the case, the character of the company and the credibility of
the witnesses as well as pre-judged issues to be tried in court.
Mr Nazir, a director of Mbesa limited and Mr Zahir have been
charged at the Makadara Law Courts in a land fraud case besides the other land
dispute with Flash Audio Services.
“Unless this case is heard urgently, Mr Nazir, Mr Zahir and
the proposed contemnor may continue making public comments on the matter, the
castigation and discussion was calculated to interfere and distort due justice
in this case,” said Mr Thuita Guandaru for Flash Audio Services.
On the said date, the lands Cabinet Secretary while at her
office in Arthi House, said that there were over 7,000 cases in court where
ministry officials have colluded to aide fraudsters get court nods over
She was accompanied by the two who also displayed a copy of
a title deed while claiming to be the real owners of the disputed multi-million
plot in Nairobi’s Parklands area.
The two then claimed before the press that they had been
sent to Ms Ngilu by the Industrialization Cabinet Secretary Adan Mohamed to
present their case as genuine owners yet someone wanted to con them.
Ms Ngilu allegedly said that land officials make files
containing land documents disappear then create temporary files as per the
wishes of land grabbers and the n her ministry is then sued and referred to
their case in which Mbesa’s file had disappeared from the registry and a new
one was created and had seen the start of a process of allocating the said land
to Flash Audio Services limited, whose director is shown as James Gichuki
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