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Two men charged for forging a court ruling

04 March 2014, 15:44 Ken Wekesa

Mombasa - Two men have been charged before a Mombasa law court with forgery of the documents containing judicial proceedings of a piece of land in Marikani that has been in dispute for over 37 years.

It is alleged that on June 30 2009 at Kaloleni district within coastal region, Andrew Mwinzangu and Rumba Nyamawi alongside others not before court with intent to defraud forged a court preceding of Kaloleni DMCC no 26/1977 purporting it to be a genuine document issued by a Kaloleni Magistrate.

The two also face two other counts of making and uttering the same document with intent to defraud.

The accused have since denied the charges before senior magistrate Richard Odenyo and were released on a bond of KES 300 000 each with a surety of similar amount.

It is alleged that the accused persons had forged the court proceedings of the case to indicate that the matter was settled to their favor and that they were the legitimate owners of the land.

The respondent in the case, Tsangwa Ngala Chome filed another court proceeding for case no 26/1977 which then prompted the court hearing the case to order investigations into the two documents to ascertain their validity.

The matter was also referred to the office of the DPP for further directions and after the investigations.

 In a letter dated November 12, 2013 it is alleged that Chome had given a detailed and plausible historical account of the dispute relating to the land.

The DPP also ruled that the document filed by Rumba Nyamawi was forged.

The land dispute erupted in 1977 between the two families of the Giriama and Duruma sub tribes.

The land in dispute was left under the estate of Mumba Chome who are Giriamas and its ownership question was raised by the estate of Madzo Mwangale, who are Durumas.

The first case over the ownership of the land was registered at kaloleni law court where the judgment was passed on November 8, 1977 and the land awarded to the plaintiff Madzo Mwangale and an order issued to the two defendants, Mumba Chome and Nyawa Shehi to vacate the land and pay the cost of the case.

The defendant appealed against the ruling of the kaloleni court and filed a civil case before a magistrates court in Mombasa.

On January 23, 1982 the magistrate court ruled that the plaintiff in the case, Mumba Chome had failed to establish his claim and the case was dismissed with each party bearing its own costs in the suit.

The two families had since been battling for the ownership of the land in a suit before judge Edward Muriithi. A consent order was given stating that the clan of Mumba Chome Ngala was entitled to possess all land measuring 2 861, and 200 acres of the same land was ruled in favor of KETRACO company limited.

The case against the two accused of forging a court proceeding of the said land will be mentioned on May 6, 2014.

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