Court of appeal has suspended the arrest and prosecution of 3 business people accused of forging a title deed.

Court of appeal has suspended the arrest and prosecution of 3 business people accused of forging a title deed.
TA panel of three court of appeal Judges Jessie Lessiit, John Mativo and Paul Gachoka has allowed their application of stay.
The three are Bharat Ramji, Harish Ramji and Ashvin Ramji had appealed against the decision by Director of Criminal Investigations, Inspector General of Police and Director of Public prosecutions to prosecute the three.
The panel of three judges Jessie Lessiit, John Mativo and Paul Gachoka have allowed their application.
“We hereby stay the DPP’s decision to arrest and prosecute the applicants pending the filing, hearing and prosecute the applicants pending the filing, hearing and determination of their intended appeal to this court, “ruled the panel.
Mombasa cement Limited is the interested party in the appeal. The three wanted to stay of execution of the ruling delivered by a Kiambu high court that failed to stop their prosecution.
The applicants had earlier moved to the high court seeking to quash the prosecution’s decision to summon them on forgery of title claims.
They had also sought orders of prohibition to prohibit the respondents from initiating any criminal proceedings based on the summons dated April 18, 2024 on alleged forgery of title claims.
In the appeal, they claimed that Judge Chepkwony dismissed the Judicial Review application holding that the investigations on the alleged forgery concerning the said title are ongoing and at that time no charges had been brought against them.
The judge ruled that the civil appeal before him never adjudicated on the alleged claim of forgery.
He found that they were undeserving of the judicial review remedies of review and prohibition.
Aggrieved by the dismissal of their application, the applicants filed an appeal on July 31, 2024 seeking orders that the appeal court stays execution of the ruling delivered by Judge Chepkwony on July 24, 2024 pending the hearing and determination of the appeal.
They also wanted the DPP to be stopped from arresting and prosecuting them pending the hearing and determination of the matter.
They concluded that they have an arguable appeal and unless stay is granted, the prosecution is likely to proceed with their arrest and abuse criminal prosecution before lower court in order to intimidate and harass them in a bid to influence any further civil process thereby greatly prejudicing. And breaching their rights.
The intended charge sheet read that they conspired to. Forge a transfer document purporting it to be genuine and signed by a board of trustees of the NSSF and yet they are to be shown a formal complaint and none of the person has been arrested who they are said to have conspired with.
The complainant in the charge sheet is Hasmukh Patel who is associated with Mombasa cement and so are all the other two witnesses.
They claim Mombasa cement has no right to complain on behalf of NSSF.
According to them, the criminal proceedings were afterthought aimed at orchestrating fictitious charges.
Mombasa cement on the other hand said that there is no evidence that the applicants have been treated unfairly.
The judges concluded that they have been satisfied both requirements under of the court of appeal rules.
The panel stayed the decision by the prosecution to arrest and allowed their application dated July 31, 2024.