Two businessmen have been charged with conspiracy to defraud the National Health Insurance Fund (NHIF) of a parcel of land worth Sh1.5 billion in Karen.
Peter David Leparakwo and Cirtext Kenya ltd Fredrick Kimemia Kimani appeared before Milimani Chief Magistrate Lukas Onyina and denied the charges.
kimani was charged almost ten days after the director of criminal investigations withdrew a criminal case against him under section 89A.
According to a letter by dated 6th of April, DPP withdrew the matter against him adding that application was made in the public interest, in the interest of administration of justice and the need to prevent abuse of the legal process.
“I have been directed by the Director of Public Prosecutions to make an application to have this matter withdrawn under section 87(a) of the Criminal Procedure Code for the following reasons, that the above case emanates from another inquiry file where several other persons including the accused have claimed ownership to the parcel which is subject to this case and the said file is still under investigations and the legitimate owner has not been established, hence the charges before this court are pre-mature,” said the letter by prosecution.
In the case , Leparakwo was a complaint but today both of the were charged.
The charges against them stated that the two tried to defraud the NHIF of the land measuring 9.250 hectares situated at Karen plains road, an offence they allegedly committed on or before 29th October 2013.
Leparakwo is also accused that on 29th October 2013 at Nairobi County jointly with others not before court, with intent to defraud NHIF, he allegedly forged a title deed for the land.
The charge sheet that he forged a title of land certificate purporting it to be a genuine and valid certificate prepared and issued by the chief land registra at the ministry of Lands and Physical Planning at Nairobi land registry.
The accused persons also faced several other counts of forging a deed and uttering false documents.
Kimani is charged with personification by representing himself as the director of Cirtex Kenya Ltd.
He is also accused of forging a Kenya Revenue Authority (KRA) pin certificate dated 31st March 2010 purporting to be a genuine and a valid KRA pin certificate prepared and issued by the KRA in order to defraud the NHIF of the parcel of land.
Defense lawyer Philip Nyachoti told the court that there is a letter from the Directorate of Criminal Investigations (DCI) confirming that the land belongs to Leparakwo.
Nyachoti further said similar charges had been preferred against Kimani but the case was withdrawn and he was even yet to collect his cash bail.
As the two appeared in court, the land Registrar through C.K Ngetich confirmed the land belonged to Leparakwo through a letter dated 30th of May 2022.
The above parcel of land claimed by three parties namely Citrex Kenya limited, Peter David LeparakwoI representing self-help group and National Insurance Fund (NHIF).
The letter indicates that the office of Registrar did a hearing on 10th April 2019 under section 14 of the Land Registration Act No. 3 of 2012 where all parties were present with their advocates and were heard.
“We hereby give your office instructions to file notice of motion that the bonafide owner of this parcel is Peter Lepararakwo and the other two titles registered to Cittrex Kenya ltd and National Insurance Fund be cancelled and or expunged under section 80 of the Land Registration Act No. 3 of 2012,” states the letter.
“We hereby further instruct the Attorney General to make an application to terminate and/or dismiss the suit on grounds the 4 of 4 imants Cirtex Kenya Limited and NHIF have questionable documents which matter is being investigated at DCI Headquarters as it is an abuse of the court process,” the letter further states.
Both the accused were released on a cash bail of Sh400,000 each.
The matter will be mentioned for pre-_trial on 29th May 2023.