• Gachagua is listed as the sole witness in the high court case for Wamunyoro Investment Limited while Otieno is a witness in the same case.
• The suspects through lawyers Apollo Mboya and Elisha Ongoya alleged witness intimidation by way of locking up a lawyer and an alleged owner of the land.
Image: FILE
A Nairobi court has deferred the prosecution of a lawyer and two other people charged with fraud in a case regarding land worth Sh1.5 billion which is at the center of a row with a firm linked to Deputy President Rigathi Gachagua.
Milimani chief magistrate Lukas Onyina put on hold the plea taking of lawyer Moses Abongo Owour and Ohas Otieno, a director of Columbus 2000 Limited, which is battling with Gachagua's firm, Wamunyoro Investment Limited, over ownership of the multi-billion prime property.
The two are alleged to have conspired to defraud the Sh1.5 billion land located in Embakasi, Nairobi.
Wamunyoro Investment Limited is owned by Gachagua and his wife Dorcas who are listed as witnesses in a high court criminal case drawn against Owour and Otieno.
"In order to be fair to both sides, l allow the plea deferral until June 29. I issue summons to Bernard Abere Ogechi, the second accused person, to attend court. Owour and Otieno are hereby freed on a personal bond of Sh1 million without a surety," Onyina ruled.
The suspects through lawyers Apollo Mboya and Elisha Ongoya alleged witness intimidation in the high court case through the locking up of the lawyer and an alleged owner of the land.
Owour was allegedly arrested at the Milimani Law Courts basement cells on Friday morning when he went to seek instructions from Otieno who had been arrested and was scheduled to take plea before Chief Magistrate Lucas Onyina.
To his surprise, Ongoya said Owour was informed by police at the court's basement cells that his name also appears in the charge sheet against his client Otieno and Bernard Abere Ogechi who is at large.
"The Deputy President is interested in adjourning the case next week. To get that adjournment by locking up and intimidating the advocates for the parties in that case is a classic teaching aide for abuse of the court process," defence lawyers Elisha Ongoya and Appolo Mboya argued.
Gachagua is listed as the sole witness in the high court case for Wamunyoro Investment Limited while Otieno is a witness in the same case.
Both parties are expected to prove ownership of the Sh1.5 billion land.
The defence lawyers said Gachagua is expected to testify in the case next week on June 21.
The lawyers urged the magistrate not to allow his court to be used to interfere with the high court case in which a company associated with the DP is claiming ownership of the land in dispute.
They said the move to charge Owour and Otieno was unconstitutional and a violation of their rights.
"Do not allow this court to be used to frustrate the High Court case listed for hearing on June 21 and 21, 2023 before Milimani Environment and Lands Court," lawyer Ongoya said.