An MCA and his brother have moved to the High Court to challenge their prosecution over allegations of forgery.
Justice Joel Ngugi yesterday called for prosecution file from a lower court following an application by Kapkures MCA Paul Kimutai and his brother Paul Kipng’eno challenging their trial.
Kimutai and Kipngeno, through lawyer David Achola, want the High Court stop their prosecution in the lower court.
The MCA and the brother had been charged that on October 12, 2010, with intent to defraud, made an agreement purporting it was made and signed by family members of Chepchilat arap Rotich.
The two allegedly went further to forge a title deed of a land measuring 6.6 hectares valued at Sh30 million with intent to defraud Josiah Njuguna.
The charge sheet indicated that the two, on November 14, 2012, obtained a green card in respect to the six-hectare land.
They purported the green card was genuine and opened at Nakuru lands registry.
The two, in their application, have named the Director of Public Prosecutions (DPP) and the chief magistrate’s court in Nakuru as respondents in the case.
They claim the entire proceedings instituted against them was out of malice and illegal.
Prosecution of the case, they say, is an abuse of court process and criminal justice system.
They accuse the DPP and the lower court of acting in excess of their powers by prosecuting and entertaining prosecution of their case based on matters which the Land registry in Nakuru had confirmed authenticity.
Their application will be heard on June 18, 2019.
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