Three Businessmen Charged in Alleged Sh350 Million NSSF Land Fraud Scheme
Three businessmen have been arraigned before a Nairobi court over allegations that they conspired to defraud the National Social Security Fund (NSSF) of land valued at approximately Sh350 million.
The accused — Harish Ramji Manji, Ashvin Ramji Manji, and Ashvin Ramji Bharat — appeared before Milimani Chief Magistrate Dolphina Alego, where the prosecution intended to have them plead to charges relating to forgery and conspiracy to defraud.
However, the plea taking did not proceed after their defence team challenged the charges.
Defence Cites Pending Court of Appeal Orders
Lawyers for the three businessmen argued that the accused were already involved in a similar matter pending before Senior Principal Magistrate Benmark Ekhubi, and that the charges brought before Magistrate Alego were worded exactly the same as those in the earlier case.
The defence told the court that the matter before Magistrate Ekhubi is awaiting a status update relating to an appeal pending before the Court of Appeal.
They claimed that the appellate court had issued a ruling suspending the arrest and prosecution of the accused persons, making it improper for the new charges to proceed.
The lawyers submitted that the alleged suspension by the Court of Appeal should defer any plea taking until the legal position is clarified.
Court Releases Accused on Bond
Chief Magistrate Alego granted each of the accused a personal bond of Sh200,000, pending the verification of the alleged Court of Appeal orders.
She directed the defence to present the actual ruling from the Court of Appeal to confirm whether the prosecution of the three businessmen had indeed been suspended.
Details of the Alleged Fraud Scheme
According to the charge sheet registered in court, the three suspects — jointly with others not before the court — are accused of conspiring to forge a land transfer document dated 27 May 2010.
The forged transfer allegedly bore the name of the NSSF Board of Trustees, purporting to be a genuine document authorizing the transfer of a prime parcel of land.
The disputed property, LR No.11895/50, is located within Mavoko Municipality and measures approximately 3,043 hectares. Its estimated value is Sh350 million.
The prosecution claims the accused intended to use the forged documents to unlawfully acquire the land from NSSF.
Case Set for Mention
The matter will return to court after the defence avails the Court of Appeal ruling said to protect the accused from prosecution. The court’s next decision will determine whether the charges proceed or are halted pending appellate review.