The Court of Appeal has granted a stay of arrest and prosecution for three brothers and businessmen Bharat Ramji, Harish Ramji, and Ashvin Ramji accused of forging a title deed for a land parcel valued at Sh350million in a dispute with Mombasa Cement.
The three brothers were expected to appear in court over forgery allegations related to the land dispute.
The decision was made by a panel of judges; Jessie Lessiit, John Mativo, and Paul Gachoka, who allowed the businessmen’s application following an appeal against the Director of Criminal Investigations, the Inspector General of Police, and the Director of Public Prosecutions.
During a plea-taking session at Milimani, it was revealed that the businessmen, represented by their lawyer Njiru Ndegwa, had secured the stay order, preventing any arrest or prosecution while their appeal is being resolved.
The magistrate set a mention date for November 25 to confirm the outcome of the appeal.
The judges ruled that the prosecution by the DPP would be on hold pending the appeal’s hearing and determination.
Mombasa Cement Limited is the interested party in the case, which revolves around a previous ruling by a Kiambu High Court that had dismissed the businessmen’s attempt to halt their prosecution
The businessmen had sought judicial review to challenge the summons they received regarding alleged forgery, claiming ongoing investigations lacked a formal complaint and that no conspirators had been arrested.
They argued that the charges were baseless and aimed at intimidating them, as Mombasa Cement, represented by complainant Hasmukh Patel, had no standing to lodge a complaint on behalf of the National Social Security Fund (NSSF).
Mombasa Cement countered that the businessmen had not demonstrated any unfair treatment. Ultimately, the judges concluded that the applicants met the necessary requirements for the stay, paving the way for further legal proceedings.
