A Nairobi court has deferred a plea taken by businessman Howard Mugambi Maruru in a case where he is accused of obtaining registration of a parcel of land by pretenses.
Chief Magistrate Susan Shitubi deferred plea to 5th September 2024 after opposition by his lawyer.
The defense made an application to have the plea deferred stating that there is a matter before the Environment and Land Court relating to the said property.
The court heard that Maruru obtained orders restraining the complainant, Sammy Komen Mwaita, from interfering with the suit property.
“In the case before the ELC, my client has obtained orders restraining the complainant from interfering with the said property pending the hearing and determination of the matter,” the lawyer submitted.
The defense added that the complainant was abusing the system by using the office of the Director of Public Prosecution to intimidate the Maruru.
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In the criminal case, Maruru is charged with obtaining registration of the transfer of land parcel L.R No. 13791/3 valued at Sh 50 million from Mart Properties Limited to himself.
He is alleged to have committed the offense on or about 17th December 2021 at Ardhi House in Nairobi, with the intent to defraud.
Maruru is also charged with conspiring with others, not before court to defraud Mwaita of the said parcel of land by pretending that his company, Mart Properties, a fraudulently registered entity was the registered proprietor of the said property, a fact he knew to be false.
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