Three brothers—Harish, Bharat, and Ashvin Ramji—are expected to face criminal charges today, Tuesday, in connection with a high-value land dispute involving Mombasa Cement.
The Court of Appeal’s recent decision to reject their plea to block prosecution has set the stage for a significant legal confrontation.
The legal saga began over a decade ago when the Ramji siblings sued Mombasa Cement, claiming ownership of a 7.4-acre land parcel in Mavoko, valued at Sh350 million.
They alleged that they had acquired the property from the National Social Security Fund (NSSF).
However, their lawsuit was dismissed by the High Court in 2019.
Undeterred, the brothers appealed, and in 2023, the Court of Appeal ruled in their favor.
Despite this ruling, the case did not settle. Mombasa Cement escalated the matter to the Supreme Court, while the Directorate of Criminal Investigations (DCI) moved forward with prosecuting the Ramjis on allegations of forgery related to NSSF documents purportedly used to secure the land.
On July 24, the Kiambu High Court dismissed the Ramji brothers’ petition to block their prosecution. The court did, however, suspend the execution of its judgment until August 30, allowing the brothers time to challenge the decision.
The Appellate Court was then approached by the Ramji brothers, who sought to prevent their prosecution.
However, Justice Daniel Musinga, who was initially part of the bench overseeing their case, recused himself, citing his involvement in another related case pending at the Supreme Court.
This recusal left the initial bench unable to issue any orders regarding the prosecution.
“Having recused myself from this matter for reasons that I have stated, we so direct that this application be heard next week on September 2. I do not wish to make any order beyond that, considering that I am recusing myself so let us leave it at that,” Justice Musinga stated.
As a result, the Court of Appeal’s decision to not block the prosecution means that the Ramji brothers will face charges today at the Milimani Chief Magistrate Court. The case against them involves allegations of forging NSSF board resolutions to claim the disputed land.
The brothers’ legal team had requested an order to halt the prosecution, but with Justice Musinga’s recusal and the subsequent decision by the remaining judges, the prosecution proceeds as planned.
The Ramji brothers are scheduled to appear before a magistrate for plea-taking, with significant legal and financial stakes at play.
