The Court of Appeal has stepped in to temporarily halt the planned arrest and prosecution of three brothers—Bharat, Harish, and Ashvin Ramji—who are embroiled in a contentious Sh350 million land dispute with Mombasa Cement.
A panel of three judges—Jessie Lessiit, John Mativo, and Paul Gachoka—granted the brothers a stay of prosecution, allowing them to contest the allegations without the immediate threat of arrest.
The brothers had previously appealed against a decision made by the Director of Criminal Investigations, the Inspector General of Police, and the Director of Public Prosecutions to initiate criminal proceedings against them.
Their legal representation, led by lawyer Njiru Ndegwa, informed the court On September 23, 2024, that a stay order had already been obtained, preventing their prosecution pending the resolution of their appeal.
The magistrate set the next mention for November 25, 2024, to confirm the outcome of the appeal.
The judges ruled, “We hereby stay the DPP’s decision to arrest and prosecute the applicants pending the filing, hearing, and determination of their intended appeal.”
The background to this case involves a complex web of allegations surrounding the forgery of title documents related to a 7.4-acre parcel of land in Mavoko.
The Ramji brothers had initially sought to quash the prosecution’s summons, arguing that the ongoing investigations had yet to yield formal charges against them.
However, their petition was dismissed by Judge Chepkwony in the Kiambu High Court, prompting them to escalate the matter to the Court of Appeal.
The Ramji brothers contended that the prosecution was an attempt to intimidate them and undermine their ongoing civil matters, particularly given that the complainant, Hasmukh Patel, was affiliated with Mombasa Cement.
They argued that Mombasa Cement had no standing to file complaints on behalf of the NSSF and claimed the charges were unfounded and fabricated.
In contrast, Mombasa Cement asserted that the brothers were being treated fairly and that their claims lacked merit.
The company maintained that the legal processes should be allowed to unfold without interference.
