When the matter appeared before Magistrate Lucas Onyina, the complainant, who is represented by lawyer Gregory Ndege, gave her testimony.
Former Kajiado Land Registrar accused of land fraud
Koskei is accused of conspiring with Odhiambo to defraud his business partner, Luiza Chepkesio, of a piece of land.
The court heard that Luiza and Koskei, who was then the land registrar at the Kajiado County Land Registry, registered a company known as Hadiko Company Limited on December 2, 2011.
Before the registration of the company, the two had entered into an agreement to purchase a parcel of land, LR Kajiado Kitengela/300, located in Milimani, Kitengela.
Land purchase agreement and construction plans
Koskei had informed Luiza that the vendors’ employer had land for sale in the area.
After viewing the property, they agreed to purchase it.
Following negotiations, the agreed purchase price was KSh 1,050,000, and the two signed a sale agreement on June 7, 2011.
The payments were made, and the transfer documents were prepared in favour of Hadiko Company Limited.
The court heard that after acquiring the land, the two directors planned to construct maisonettes for resale.
They developed architectural drawings and obtained approval from the Kajiado County Council.
Construction later commenced while a caretaker was already residing on the site.
Dispute emerges over land ownership
Luiza introduced Koskei to the caretaker as her business partner.
The two would occasionally inspect the construction progress together.
However, Koskei later stopped visiting the site before the foundation was completed.
In mid-2016, Luiza received a phone call from the caretaker informing her that Garam Investments had issued a notice to vacate the property.
The notice stated that the property had been used as collateral for a loan at I&M Bank.
The loan amounting to KSh 13 million was allegedly taken by Koskei.
Alleged fraudulent land transfer
After receiving the notice, Luiza contacted Koskei, who denied any knowledge of the loan.
She then engaged her lawyer, who visited Garam Auctioneers and confirmed that the title deed was in Koskei’s name.
The lawyer also confirmed that the title had been charged at I&M Bank for the loan.
The prosecution alleges that Koskei and Odhiambo fraudulently prepared a land sale agreement dated March 1, 2013.
The agreement allegedly falsely indicated that Koskei had sold the property to Odhiambo.
The property, which includes a house, is valued at KSh 14 million.
Accused persons face multiple charges
Odhiambo is accused of fraudulently procuring the registration of the land title in his name at the Kajiado County Land Registry.
The court further heard that between September 2013 and February 2014, Koskei allegedly destroyed the green card and related documents.
The prosecution alleges that he destroyed the documents knowing they could be used as evidence in court.
Additionally, Koskei is accused of abusing his office between May 3, 2012, and August 5, 2013.
He is accused of improperly transferring the land to himself and using it as collateral for the KSh 13 million loan.
The accused are out on a bond of KSh 1 million each.
