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Video evidence to be used in Ngilu case

18 June 2014, 17:37 Victor Tinto

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.


Lady 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.


“The deputy registrar to provide equipment for viewing of video recording; Flash audio services to call witnesses to produce the recordings,” said Lady Justice Ngugi.


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.


Through 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.


However 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.

She 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.


Mr 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 Evidence Act.


Mr 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 outcomes.


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 ownership.


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.


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.


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 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.


The case will be mentioned on July 8 to decide on whether the case will be transferred to the lands court

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