Forged documents used to steal Muchanga Investment Limited Karen land, court told
Forged documents were used to secure transfer of the dispute plot in Karen to former NSSF managing trustee Jose Konzolo, lawyer Cecil Miller has told a trial court.
Statutory payments were forged, Miller said .....in a bare knuckled cross exam that took Konzolo through a raft of documents which showed he relied on forged documents to secure the transfer of the disputed plot to his company.
Miller: You have indicated to the court that you surrendered the title to the government for subdivision?
Miller: When you surrender do you remain with the original
Konzolo: You hand it over
Miller: You made various payments for this land and as schedule was signed, do you have a receipt to show that you paid?
Konzolo: We have a schedule of payments witnessed by an advocate...
The lawyer pushed him to confirm that the document "had no date."
Miller told the trial court that statutory payments documented by EACC have been found to be forgeries.
He said falsified documents were used to steal land belonging to Muchnga Investment Limited after it bought it form Barclays Bank Limited which was executor of a will of the original owner Arnold Bradley.
The veteran lawyer, in a bare knuckled cross exam then jibed at Konzolo's integrity in relation to the case.
Miller:Confirm that you were charged over forgery of title documents of the same land...
He said the issue of fraud goes to the character.
"We shall be showing court tha matter is purely fraudulent," the he charged.
Miller submitted that Konzolo's integrity had to be tested against the credibility of his testimony.
Konzolo has sworn that he bought the 134 acres in dispute from one John Mugo Kamau between 1998 and 2001 for ksh 90 million and has urge the trial court to declare him and his company TeleSource. Com ltd as owner.
Miller: Were you charged in 2006...?
Konzolo: Yes I was charged
Miller said Konzolo faces potential criminal charges in relation to his claim over the land.
"Your evidence is tainted towards avoiding criminal sanction that is supposed to come against you," he told Konzolo.
Konzolo, his lawyer MacMillan Mutinda Mutiso were charged over the documents relating to the land in dispute but the case was suspended on the strength that they appeared before a commission that was not properly constituted.
Miller said that now that the EACC has been properly constituted the charge may be revived.
The hearing was adjourned to November 30, 2018 for further cross examination.