The 71-year-old Mombasa based billionaire Ashok Doshi was yesterday charged with five criminal counts stemming from alleged fraud involving a prime parcel of land measuring 2.5 acres along Processional Way in Nairobi.
While appearing before Milimani Chief Magistrate Lukas Onyina, Doshi denied all the counts of land fraud and forging stamp duty receipt two decades ago.
The Land in question valued at Sh500milion is also claimed by businesswoman Jenniffer Nthenya who is the director of Greenview Lodge Limited.
In what seemed to be a new twist in the matter, nine years ago, detectives attached to the Directorate of Criminal Investigations (DCI) Land Fraud Unit had recommended Nthenya, director of Greenview Lodge Limited who is also a claimant of the land be prosecuted for allegedly defrauding Doshi the same land.
However, in 2020, the DCI officers reversed and rescinded their decision and instead, recommended that Doshi and his wife Pratibha Doshi be charged with fraud.
In the first count, Doshi, his lawyer Harith Sheth and Magnum Properties Limited jointly faced a charge of conspiracy to defraud where the prosecution alleged that they forged a government stamp duty valued at Sh1.2 million to register a land a title in 1992.
In 2020, the Office of the Director of Public Prosecutions concurred with the DCI that the directors of Magnum Properties Limited -Doshi and his wife Pratibha – be charged for alleged forgery of documents and conspiracy to defraud the government.
Doshi denied the charges of defrauding the government of Sh1.2 million in 1992 by forging a receipt meant for a land stamp duty.
The businessman was charged alongside his company Magnum Properties Ltd.
A third suspect, Sheth was not in court to plead to the charges and the court issued summons for him to appear in court and plead to the charges on May 2, 2023.
The charge stated that they committed the offence between May 14, 1992 and September 2, 1992 at Ardhi House, Nairobi, jointly with others.
It is further alleged that Doshi and Sheth made stamp duty receipt No. C409683, purporting it to be genuine and validly issued and signed by the Commissioner of Lands.
The court heard that they committed the offence on unknown date, time and place in the country, jointly with others not before court with intent to defraud.
It is alleged that he committed the offence on September 5,2020 at Processional Way in Nairobi County, being in possession of a parcel of land LR.NO. 209/3850 belonging to Greenview Lodge Ltd without colour of right.
Doshi was released on a cash bail of Sh500,000 pending hearing and determination of his criminal case.
“Between May 14, 1992 and September 2, 1992 at Ardhi House, Nairobi jointly conspired with intent to defraud the government of Kenya Sh1.2 million by fraudulent means to with forging a receipt that was meant for stamp duty.” The charge sheet read in part.
The prosecution also told the court that the tycoon possessed a parcel of land on Processional Way in a manner likely to cause a breach of peace against its owner, Greenview Lodge Ltd.
The charges came a few months after High Court Judge Eric Ogolla dismissed a case the businessman had filed to stop his trial in over fraud involving his acquisition of the land.
The judge had ruled that he cannot stop a criminal process.
Doshi and his wife later lost a case in which they sought to permanently restrain the police and ODPP from arresting and charging them in 2021.
Last Sunday, Doshi was arrested, booked at Muthaiga Police Station before his arraignment yesterday.
Doshi has been involved in a lad dispute with Nthenya from whom he allegedly bought the disputed parcel from.
But Doshi claims its ownership, alleging that the land was transferred to them in 2018 for Sh150 million.
Doshis told the court they are the registered owners of the land.
The land, according to the records was originally owned by Greenview Lodge Limited. Greenview then sold the land t to Magnum Properties before it was transferred to them in 2018 for Sh150 million.
The Doshis said despite having sold the land to Magnum Properties, Greenview Lodge and its director Jennifer Nthenya, had lodged numerous complaints to various government institutions.
Greenview then sold the land to Magnum Properties before it was transferred to them in 2018 for Sh150 million.
Green View Lodge said the matter had received extensive and lengthy investigations by internal departments of the Ministry of Lands and Settlement and the National Land Commission.
