•He was charged alongside Bhogilal Ganatra concerning a civil case that has not been determined yet.
•Rana and Ganatra were charged on February 19 this year before a Kiambu court with conspiracy to defraud, procuring the registration of land by false pretences, and forgery of a title deed.
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A city businessman who was charged last month with Sh100 million land dispute now wants the Director of Public Prosecutions to drop what he claims are trumped-up charges.
Bhupesh Rana wants the DPP to review the file because it relates to a commercial transaction that took place 13 years ago.
He was charged alongside Bhogilal Ganatra concerning a civil case that has not been determined yet.
In a letter to the DPP, they argue that they are only involved because they received a power of attorney from the actual owner of the disputed quarter of an acre of land in Westlands, Westlands Road next to Standard Chartered bank.
Through lawyer George Wajackoyah, they claim the complainants in the case are only harassing them to force them to surrender the land.
Rana made a report at the Central Police Station on Saturday against one complainant whom he accused of threatening him on phone.
Rana and Ganatra were charged on February 19 this year before a Kiambu court with conspiracy to defraud, procuring the registration of land by false pretences, and forgery of a title deed.
Wajackoyah says his clients were granted power of attorney by the late Kantilal Maganbhai Patel on February 28, 2008.
This was notarised in the UK and later registered in Kenya on August 8, 2008, by a registrar called BF Atieno.
“Patel swore an affidavit on May 4, 2010, to confirm that he granted Bhupesh Rana and Bhogilal Ganatra the power of attorney,” the letter reads in part.
Patel reportedly endorsed the decision of Rana and Ganatra to renew the lease and sell the land to Fairmile Investments.
According to Wajackoyah’s letter, Patel denies selling the land in dispute to the late Ratilal Sanghani.
He said he had only requested Patel to manage the property for him when he left for the UK in 1977.
After Ratilal’s death, Patel’s wife came to Kenya and instructed Rana and Ganatra to dispose of the property.
On October 24, 2008, they entered into a sale agreement with Fairmile Investment.
However, on January 29, 2009, Rajendra Sanghani and Jayant Rach filed a civil suit to block them from accessing the land.
Judgement in this civil suit has been fixed for June 2021.
“The institution of the subject criminal proceedings against our client has a real risk of affecting our client’s liberty as a matter of consequence to the conclusion of the civil proceedings,” Wajackoyah says.
“We urge your office to exercise its constitutional powers and intervene to stop further abuse of the criminal court procedure to frustrate and harass our clients by withdrawing the criminal charges preferred against our clients,” the letter reads
Wajackoyah claims that the company H.P Youtan and Company which is a complainant in the latest criminal case was dissolved on March 23, 2007.
Furthermore, he says that Rajendra was never a director or a shareholder at H.P Youtan.
“Therefore the company did not have the capacity to acquire land reference as it ceased to exist before the lease for the property was renewed in 2008 by Rana and Ganatra,” his letter reads.
Edited by Kiilu Damaris