Two businessmen have been charged with intent to defraud the National Hospital Insurance Fund (NHIF) land worth Sh 1.5 billion.
Peter David Leparakwo and Fredrick Kimemia Kimani are accused of conspiring with others not before court to defraud NHIF land known as land reference No.24968/2 Inland register No.87345/1 measuring approximately 9.250 hectares situated at Karen Plains Road.
Leparakwo is alleged to have committed the offence on or before 29th October 2013 while Kimani is alleged to have committed the offence on or before 25th August 2016 in Nairobi.
According to the prosecution, Leparakwo is also charged with forging the certificate of title and deed plan of the said land purporting them to be valid and genuine documents prepared and issued by the Chief Land Registrar and the Director of Surveys Kenya respectively.
He is also alleged to have forged a letter dated 10th November 1982 allegedly allocating himself and others the said land, purporting it to be a genuine and valid letter drawn by J.W Faulkner on behalf of Messer’s A.J Faulkner and Sons Limited allocating him the said land.
In addition, Leparakwo is accused of uttering the forged certificate of title to the police and destroying evidence to wit, the certificate of title and deed plan knowing they might be required in evidence in a judicial proceeding.
He is further charged with forcible detainer of the said land in a manner likely to cause breach of peace or reasonably apprehension of breach of peace against NHIF who is entitled to the said land.
On the other hand, Kimani is charged with computer forgery for allegedly altering computer data resulting in inauthentic data with intent that it be considered and acted upon for legal purposes as if it were authentic regardless of whether or not the data is directly readable and intelligible that Susan Nyambura Tharao, Robert Njagi Kariuki, Munywoki Mwera and himself are the directors of Cirtex Kenya Limited on companies registration certificate of incorporation No. C35825.
Kimani is alleged to have committed the offence on or before 11th July 2017 at the Registrar of Companies, Sheria House in Nairobi, Jointly with others not before court.
He is also facing charges of impersonation for allegedly presenting himself as the director of Cirtex Kenya to the DCI, forging a KRA pin certificate, company registration certificate of incorporation and a letter of allotment for the suit property.
The two denied the charges before Chief Magistrate Lukas Onyina and were released on a cash bail of Sh 400,000 each.
There has been an ongoing court battle between Leparakwo, Cirtex Kenya and NHIF over the said land.
In a letter dated 30th May 2022 from the Ministry of lands, Leparakwo is named as the legitimate owner of the said land.
His lawyer Philip Nyachoti presented the letters from the Ministry in the High Court indicating his client was the legitimate owner of the property.
The DCI also investigated and concluded that Leparakwo was the legitimate owner of the property and cited that the other two parties had questionable documents.
