Former PS Dave Mwangi lose bid to gag media from covering his Sh350million land fraud case
Mwangi was charged on December last year for allegedly forging a title of a parcel of land measuring 1.592 hectares valued at Sh350million belonging to Hasmita Patel Trading and Holloway Properties Limited situated along Mombasa Road.
Former Internal Permanent Secretary Dave Mwangi who is facing Sh350million land fraud case has lost initial attempt to gag the media from covering the court proceedings.
Yesterday, Senior Principal Magistrate Benmark Ekhubi declined plea by Mwangi, who was previously acquitted from the Anglo-leasing scandal, through his lawyer Boniface Masinde to bar the media from covering the case claiming it is not a public interest story.
He claimed that he will be prejudiced if the media covers the day to day of the proceedings claiming that the case is not of public interest.
However, the magistrate did not bar the media from covering the proceedings but said to give directions on the application by the defence when the trial begins on April 10, 2025.
“I have considered the application by the prosecution and the defence on whether media will be allowed to cover this proceeding or not. I will deliver the ruling on the issue when the trial begins,” the magistrate said.
Mwangi was charged on December last year for allegedly forging a title of a parcel of land measuring 1.592 hectares valued at Sh350million belonging to Hasmita Patel Trading and Holloway Properties Limited situated along Mombasa Road.
“The manner in which media presents a matter in the public court may distort the true facts before a court makes a proper determination,” Masinde said.
State prosecutors Michael Mwaura and Sonia Njoki urged the magistrate to dismiss the application since it lacked merit and no evidence was produced on claimed distortion by the media so far.
Njoki quoted Article 34 of the constitution which guarantees freedom of press. She added Article 10 which requires good governance saying the court should not be seen to be interfering with the freedom of press and right to information,
She added that, “the accused herein is anticipating the media will distort the proceedings in future and the media council of Kenya and the judiciary has given media guidelines on covering court’s proceedings.”
On his part, Mwaura said that media is being accused falsely by the former PS,
“Land is a very emotive matter and therefore of great public interest,” Mwaura added.
In his submissions, Masinde admitted that he had no evidence on distortion allegations and misrepresentation of the proceedings by the media but in persistent he said the case is not of public interest.
The former PS faces five counts of conspiracy to commit a felony, forgery, obtaining money by pretences and uttering a forged document.
He allegedly obtained Sh12million from Onda Concrete Limited on November 10, 2023 by falsely pretending he was in a position to lease for them a parcel of land L.R No. 20261 IR NO 90202 a fact which was false.
He was also accused with forging a signature of another commissioner of lands Jane Kanja over the same parcel of land 23 year ago.
He purported the said signature on the grant had been signed and issued by Mwaita a fact he knew to be false.
He denied that on December 2023, at the DCI Headquarters knowingly and fraudulently uttered to police Constable Omari Fadhila the alleged forged grant of the said land claiming it was genuine and issued by the Ministry of Lands while knowing it was false.
The last count is that of conspiring to commit a felony by allegedly defrauding the said Hasmita Patel by forging the letter of grant claiming to be a genuine document issued by the ministry of lands.
He is out on bond of Sh20million with a surety ofsimilar amount.
The hearing of the matter will commence on April 10, 2024.
