Pansiba Limited has moved to the High Court to challenge the decision the Magistrate’s court decision allowing the Director of Public Prosecution to withdraw Sh 300 million fraud case.
The company wants the High Court to revise the impugned ruling and substitute the order allowing the withdrawal of charges against businessman Abdirahman Abdi Abdi and
Through lawyer Ben Musundi, the company is opposing trial Magistrate Geoffrey Onsarigo’s decision to allow DPP to withdraw the case against the businessman.
The company further want the High Court to find that the company provided sufficient justification in opposing the application to withdraw the criminal charges against the 1st respondent, therefore, established a proper basis for the subject criminal matter to proceed to its logical conclusion.
The court heard that Abdi never turn up for plea and accordingly, Pansiba successfully applied for warrants of arrest against him.
However, it is alleged that Abdirahman fled the country and was only arrested from Dubai for purposes of plea taking in the subject case.
Abdi is said to have been out of the country for more than 10 years in a bid to evade arrest
According to court documents, the trial court allowed the prosecution application despite the complainant vehemently opposing the withdrawal.
The businessman had been charged with forging the title deed for the Sh 300 million land known as LR No. 209/10848 and LR No.209/10849, measuring approximately 0.8000 Hectares.
The charge sheet further states that Abdi fraudulently amalgamated the two parcels which gave rise to LR No. 209/16790, and forged a Certificate of Title for the said parcel of land.
He was further accused of forging a provisional approval dated 4th April 2006 allegedly from the Ministry of Lands, purporting it to be a genuine, with the intention to defraud Pansiba Ltd of its parcel of land.
He denied the charges and was released on a bond of Sh 3 million.
