Nelson Ndalila seeks settlement in Sh59 million fraud case
When the matter came up for plea-taking before Magistrate Dolphina Alego, the court heard that Ndalila was absent because he had been unwell.
Through his representatives, the lawyer asked the court to adjourn the matter. He said he was pursuing a settlement with the complainant.
The defence told the court that the case involves a lawyer-client relationship. The parties are therefore pursuing an out-of-court settlement.
Ndalila faces allegations of forging a document and obtaining Sh59,000,000. The court deferred his plea for the second time after it had also postponed the plea the previous week.
Lawyer objects to plea delay
Lawyer Andrew Muge, who is watching brief for the complainant, had earlier opposed the request to defer the plea on medical grounds.
“The accused was arrested yesterday (Thursday) and was expected in court today; his not being in court today is a clear indication of delaying tactics,” said Muge.
Ndalila faces four counts, including forgery. He is already out on police cash bail of Sh50,000.
Nelson Ndalila faces forgery charge
According to the main count, prosecutors allege that Ndalila acted jointly with others who are not before the court.
The alleged offence took place on June 2, 2023, at an unknown place within Kenya. Prosecutors allege that Ndalila intended to defraud others by making a document known as the Trust Deed for Better Life Family Trust.
The document, dated June 2, 2023, allegedly purported to be a genuine trust deed for properties belonging to the late David Jonathan Grantham. Prosecutors claim Ndalila knew the document was false.
In the fourth count, prosecutors allege that Ndalila and others forged a trust deed in the name of Better Life Family Trust.
The alleged document was dated June 2, 2023, and prosecutors claim they intended to use it to obtain financial benefits worth Sh59,000,000 from the estate of the late David Jonathan Grantham.
Court gives two months for settlement
The court granted the parties two months to pursue an out-of-court settlement.
If the matter remains unresolved after the two-month period, Ndalila will be required to take plea on the charges.
