Video evidence to be used in Ngilu case
18 June 2014, 17:37
Nairobi - Remarks
made by Lands Cabinet Secretary Charity Ngilu on a multi-billion legal land tussle
between an Asian family and a Nairobi based company will be viewed in court, a High Court
judge has said.
Justice Mumbi Ngugi said that as soon as viewing equipment is made available in
court the alleged contemptuous remarks would be viewed in court in a case in
which allowed Flash Audio Services have sued Ms Ngilu for contempt of
court 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.
deputy registrar to provide equipment for viewing of video recording; Flash
audio services to call witnesses to produce the recordings,” said Lady Justice
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.
lawyer Guandaru Thuita, 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.
state lawyer Allan Kamau Njoroge for Ms Ngilu in a response to the suit claims
no evidence points out how her remarks would impair the mind of the presiding
judge in the alleged land case.
argues that her remarks were a fair comment on a matter of public interest and
that she did not criticize or prevent any witness from testifying.
Njoroge also argues that there is no allegation or proof that the remarks
referred to the case and the case is based on hearsay evidence contrary to the
Njoroge further claims that the case is premised on a third party, the press
who used their own interpretation of the alleged words and that the CS is not a
party to any of the lands cases as well as no interest or benefit from their
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 ownership.
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
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.
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.
Ngilu allegedly said that land officials make files containing land documents
disappear then create temporary files as per the wishes of land grabbers and
then 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 Wambugu.
case will be mentioned on July 8 to decide on whether the case will be
transferred to the lands court
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