The transfer of Miwani Sugar Company’s land worth Sh2.3 billion was done illegally, a former anti-corruption officer told the court Friday.
Mr Stanley Miriti – who is one of the officers who investigated the alleged fraud where former magistrate Abdulkadir Elkindy is one of the eight accused – told the court that the certificate of consent from the Land Control Board in Nyando was issued to two entities.
Testifying before Kisumu Chief Magistrate Julius Ngarngar, Mr Miriti said that they established that the certificate of consent, which is one of the documents that authorised the transfer, was issued to Crossley Limited Company and Agro Chemical Housing Cooperative.
He produced in court two copies of the certificate of consent, saying they had the same serial number despite belonging to two entities.
“We visited Nyando district office where we were furnished with a book containing land application forms. The certificates of consent issued to the two companies were similar,” the former investigative officer said.
In the case, Mr Elkindy, Mr Sukwinder Sigh Chatte, Mr Ian Gakoi Mawa, Mr Odongo Philips Katiba, Mr Moses Nyaburo Osewe, Mr Kefa Lumumba Atunga, Mr Epainto Apono Okoyo and Crossley Holdings Limited have been charged with conspiracy to defraud the company its multibillion shillings land.
Former magistrate Elkindly is also facing another charge of abuse of office where it is claimed he used his position as deputy registrar then to issue a notification that an order had been issued by high court for the sale of the property.
They are alleged to have committed the crime between 2007 and 2008.
The witness further told the court that the minutes of the Land Control Board in Nyando district concerning the piece of land might have been forged since there were two sets, one handwritten and the other typed.
Justice Ngarngar set January 25, 2019 as the mention day when both parties will file their final written submission before further directions.