Lawyers have lashed out at Deputy President Rigathi Gachagua for allegedly or orchestrating the arrest and arraignment of a retired civil servant over a Sh1.5 billion parcel of land.
The lawyers led by former Law Society of Kenya (LSK) chief executive officer Apollo Mboya termed the arrest and arraignment of Paul John Ohas and his lawyer Moses Ambok Owuor as wrong and plans to frustrate an ongoing case before the Environment and Land court.
Mboya and Prof Elisha Ongoya pointed out that Ohas was supposed to testify in the case but was arrested and presented to court to face charges.
Ongoya pleaded with the Magistrate to suspend the plea for two weeks saying Owuor was detained when he went to see his client who had also been arrested.
Owour and his client were presented before Milimani Chief Magistrate Lukas Onyina. The plea taking was deferred.
Ongoya told the court the lawyer has been acting for Ohas in the land dispute before Environment and land court and reasons for his arrest was unwarranted.
The lawyer said Owour was discharging his duties as an advocate.
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COURT DEFERS PLEA AGAINST LAWYER AND HIS CLIENT IN LAND DISPUTE WITH DP GACHAGUA.
By Nairobi Times – June 16, 20230179
Paul John Ohas and his lawyer Moses Ambok Owuor before Court. /PHOTO BY S.A.N.
BY SAM ALFAN.
Lawyers have lashed out at Deputy President Rigathi Gachagua for allegedly or orchestrating the arrest and arraignment of a retired civil servant over a Sh1.5 billion parcel of land.
The lawyers led by former Law Society of Kenya (LSK) chief executive officer Apollo Mboya termed the arrest and arraignment of Paul John Ohas and his lawyer Moses Ambok Owuor as wrong and plans to frustrate an ongoing case before the Environment and Land court.
Mboya and Prof Elisha Ongoya pointed out that Ohas was supposed to testify in the case but was arrested and presented to court to face charges.
Ongoya pleaded with the Magistrate to suspend the plea for two weeks saying Owuor was detained when he went to see his client who had also been arrested.
Owour and his client were presented before Milimani Chief Magistrate Lukas Onyina. The plea taking was deferred.
Ongoya told the court the lawyer has been acting for Ohas in the land dispute before Environment and land court and reasons for his arrest was unwarranted.
The lawyer said Owour was discharging his duties as an advocate.
Owour was informed by police at the court’s basement cells that his name also appears in the charge sheet against his client Otieno and Bernard Abere Ogechi who is at large.
Lawyers Ongoya and Mboya, Owour was arrested following orders from Gachagua in a bid to secure an adjournment of the case.
Through a letter dated 16th June ,2023 from Wamunyoro Investment ltd lawyer Philip Nyachoti, the company sought for adjournment indicating his client will be engaged on official matters.
“As you are aware, the above noted matter is fixed for hearing on 21st and 22nd June 2023. However, our client’s sole witness His Excellency the Deputy President of the Republic of Kenya will be engaged in unavoidable official duties on the two (2) days aforesaid. In the circumstances, H.E will therefore not be available to attend court to tender evidence in support of the Plaintiff’s claim when the matter comes for hearing next week. As such, we shall be constrained to apply for an adjournment when the matter comes up for hearing on the dates aforesaid,” stated lawyer Nyachoti letter.
He urged the advocate indulgence in the matter in that regard.
Deputy President is interested in adjourning the case next week. To get that adjournment by locking up and intimidating the advocates for the parties, in that case, is a classic teaching aide for abuse of the court process,” said lawyers Ongoya and Mboya said.
Owour pleaded with the magistrate not to allow the court to be used by Gachagua to interfere with a High Court case in which Wamunyoro Investment ltd associated with him is claiming ownership of the land in dispute.
“Do not allow Deputy President Rigathi Gachagua to use this court to frustrate the High Court listed for hearing on June 21, 2023, before Milimani Environment And Lands Court,” Ongoya said.
They said land case will proceed next week whether Gachagua what it or not.
The charges stated that James Hillary Paul Othieno Ohas , Benard Abere Ogechi and Owour conspired to defraud Wamunyoro Investment ltd, a company belonging Gachagua of a parcel of land valued at Sh1.5 billion.
It is further alleged that with intent to defraud, they made a letter purportedly from the National Land Commission and presented it as genuine.
The charge sheet stated that they committed the offence on or before 23 March, 2017 at an unknown place in Kenya.
The letter according to the charge sheet was addressed to the Director of Survey purporting it to be a genuine and signed by M. Ndege for the Chairman, NLC.
The charge sheet state that on or before 14 November, 2019, at unknown place , with intent to defraud Wamunyoro Investment ltd of the land Reference Ni 209/12077, they allegedly made a letter Ref, PPD/42/14/IX/96 dated 14 November, 2019 addressed to The Chief Land Registrar from the Ministry of Lands and Physical Planning purporting it to be a genuine.
The three allegedly claimed the letter was officially letter drawn and signed by th National Director of Physical Planning Augustine K. Masinde.
They are further accused On or before 26 January, 2018, the trio made a letter dated 26 January 2018 addressed to the Chief Land Registrar from the Directorate of Criminal Investigations (DCIO) Central.
Lawyer Owour is accused that on the 10 November 2022 at Milimani Environment and Land Court registry Within Nairobi County, knowingly and fraudulently uttered several documents purporting them to be genuine.
The documents filed in the land court a letter from The National Land Commission Ref, 157048 dated 23 March 2017 addressed to the Director of Survey; a letter Ref, PPD/42/14/1X/96 dated 14 November, 2019 addressed to the Chief Land Registrar from the Ministry of Lands and Physical Planning; a letter Ref CID/SEC/4/4/VOL/233 dated 26 January 2018 addressed to the Chief Land Registrar from the Directorate of Criminal Investigations DCIO Central.