A Court has declared the charges against three men accused of fraudulently acquiring a Ksh350 million National Social Security Fund (NSSF) parcel in Athi River as defective and dismissed the case.
According to a statement by the accused persons' lawyer on Monday, December 8, the court found that the prosecution violated a standing Court of Appeal order that had barred any arrest or criminal proceedings related to the land dispute.
Former Law Society of Kenya President and Lawyer Nelson Havi announced the ruling, stating, “Trumped up charges against Bharat Ramji, Harish Ramji, and Ashvin Ramji on the acquisition and ownership of property Land Reference Number 11895/5 declared defective, and dismissed."
New information reveals that when detectives from the Directorate of Criminal Investigations arrested the three men on Friday, December 5, they were protected by a Court of Appeal order issued on September 20, 2024.
Justices Lesiit, Mativo and Gachoka had granted the order after Bharat Ramji, Harish Ramji and Ashvin Ramji approached the appellate court following the dismissal of their judicial review application in Kiambu. The judges issued a stay order that suspended any actions by the Director of Public Prosecutions or DCI to arrest or charge the trio while their appeal remained pending.
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The appellate judges observed that the land dispute had already undergone a complete civil litigation process in the High Court and subsequently in the Court of Appeal, where a different bench had determined that the title to Land Reference Number 11895/50 was legitimate and that allegations of fraud had not been established.
The judges further noted that the same land matter is currently pending before the Supreme Court, creating circumstances where criminal prosecution could prejudice the ongoing appeal process.
The presiding judge in dismissing the charges emphasized that the prosecution had proceeded despite the existing appellate court directive.
"This plea cannot stand as it is, and the same is dismissed as defective, and cannot stand for the aforementioned reasons," the judge concluded.
On December 5, DCI detectives arrested the three individuals in connection with what they described as the fraudulent transfer of NSSF-owned land valued at approximately Ksh350 million. The property in question is located in Athi River, within Mavoko Municipality, Machakos County.
The investigation was initiated following a complaint lodged with DCI headquarters on September 2, 2024, by NSSF, which claimed rightful ownership of the disputed land.
According to NSSF's complaint, the three suspects had unlawfully secured a title deed for the property and falsely maintained that NSSF had sold and transferred the land to them.
Investigators alleged that on May 27, 2010, the suspects, working with several other individuals who remain at large, created a transfer document designed to appear authentic. This document reportedly bore the signatures of the NSSF Board of Trustees. The disputed parcel measures approximately 3.043 hectares.
The investigation file was subsequently forwarded to the Office of the Director of Public Prosecutions for review. After conducting an independent assessment, the ODPP determined that the evidence was substantial and aligned with the investigating officer's conclusions.
This led to the ODPP authorizing charges against the suspects for multiple offenses, including conspiracy to defraud, making a false document, obtaining registration through false pretenses, and forgery of a document.
However, the court's ruling now represents a significant setback for both the DCI and ODPP, as the charges have been dismissed due to the violation of the Court of Appeal's protective order and other defects in the prosecution's case.
