Former Kapkures MCA found guilty in Sh30m land fraud case

Former Kapkures MCA Paul Kimutai and his friend Richard Kipngeno have been found guilty of four counts of fraud and forgery relating to a Sh30 million plot of land in Mbarut, Nakuru County.

On Thursday, Senior Resident Magistrate Priscah Nyotah ruled that Kimutai and Kipngeno forged a family agreement on October 12, 2010, which allegedly transferred the 6.6-hectare land into their names.

Nyotah ruled that the two were guilty of forging the land title deed on November 14, 2012, with the intent to defraud Josiah Njoroge, the legitimate owner of the land.

“The title deed, coupled with the illegal transmission process, can properly be described as a false document since it purports to confirm the accused persons as genuine owners, yet they are not,” ruled Nyotah.

The court also ruled that the two had forged a green card for the land on November 14, 2012, falsely claiming it had been opened on June 7, 1990.

Nyotah noted that evidence showed Land Registrar Daniel Nyantika had not made any entries on the green card.

The court further ruled that the two were found guilty of fraudulently obtaining the registration of the land in their names, with the intent to defraud Njoroge.

“The prosecution’s evidence, in its totality, was consistent, logical, and believable, and it was not shaken nor watered down by the defence,” ruled Nyotah.

She stated that the defence presented by the two was disjointed, illogical, unbelievable, and inconsistent, and attempted to shift the blame to other individuals.

Nyotah said the two failed to provide evidence of how they acquired the land from their father, Chepchilat Rotich, after his death, without a grant of letters of administration.

The magistrate called for a pre-sentencing report before February 4. She cancelled their bond and they will remain in custody. The court will sentence them on February 6. [Daniel Chege]

Kimutai, however, was acquitted of the charge of lying to the authorities that he was the owner of the land on 11 April 2017 at Nakuru Police Station.The two were also acquitted of the charge of lying to the County Criminal Investigation Officer on October 12, 2010, that they owned the land.

The court ruled that no evidence proved the same no witness testified that he was given the said information and no Occurrence Book proving the same was produced before the court.

“The evidence adduced by the prosecution with regards to the two counts was weak and could not secure a conviction,” ruled Nyotah.

Kimutai and Kipngeno were arrested on July 12, 2017, and charged.

They denied six charges of forging and uttering false documents to authorities, for the land, with intent to defraud Njuguna.

The land is now estimated to be worth over Sh30 million.

The court heard that Njuguna was the owner of the land, after he purchased it from Ingobor Farm Company Limited on April 17, 1997, for Sh2.85 million.

Among the witnesses who testified included Inspector Stephen Agutu, who revealed that after investigations, it was established that Njoroge’s title deed issued on December 5, 1997, was genuine.

He insisted that the title obtained by Kimutai and Kipngeno on November 14, 2012, signed by then Land registrar Nyantika, was a forgery.

The two mitigated through their Lawyer Steve Biko that they were first offenders, breadwinners, and supporters of their families.

They urged the court to fine them to enable them to correct the irregularities.

Nyotah called for a pre-sentencing report before February 4. She cancelled their bond and they will remain in custody.

The court will sentence them on February 6.