A judge scoffed at Tatu city defendants Stephen Jennings, Robert Reid and associates’ plan to introduce “new evidence” in a case in which their local counterparts seek compulsion orders against the DPP to come clean on a file that recommended prosecution of the foreigners for fraud.
Justice John Mativo said : I find it disturbing that it(case) has been in court since 2015…but nonetheless, allowed the defendants to file their further affidavits in which they state they have come across new evidence “for a fair determination of the case,” and that they may not cry foul that they were denied a chance at justice.
The judge said that although the history of the case “speaks for itself” and is wanting, it would be fair play to have the new evidence introduced and adjourned the slated hearing, but with a terse rider that future requests for adjournments will not be tolerated.
“On May 19 2017 this date( July 31 2017) was taken by consent…” the judge said.
Local shareholders in the multi-billion shillings worth Tatu City investment want the DPP compelled to produce an appraisal on a recommendation for the prosecution of Stephen Jennings and his associates over alleged forgery and questioned transfer of shares of Purple Saturn properties.
Lawyer Nelson Havi for Nahashon Nyagah said the belated introduction of the new evidence is a tactic to further delay the case and “must be put to a stop.”
They accuse the DPP of being a stumbling block in the case pitting the foreigners and their local counterparts over the ownership and control of the giant real estate development company.
Keriako Tobiko in suit papers is described as “acting under the influence” of lawyer Ahmednassir Abdullahi, who represents Stephen Armstrong Jennings and Robert Reid as interested parties in the case.
He has, according to the petitioners, continuously hidden under the guise of the “need for a further inquiry through the Multi-Agency Team” after two conflicting reports landed on his desk.
Seeking to delay hearing
The DPP denies allegations that he is a stumbling block in the commercial dispute and has urged the trial Court to dismiss Nyagah and co-petitioners to have him compelled to give the appraisal.
Havi accused Abdullahi of seeking to delay the hearing of the case after the DCI already forwarded his findings and a recommendation for prosecution of Jennings and his associates.
The complaints in inquiry file number 77 of 2015 related to the presentation of alleged forged documents to the Registrar of Companies for change of shareholding and directorship in Purple Saturn Properties while inquiry file number 40 of 2015 relates to alleged fraudulent transfer of shares.
Hearing was adjourned to November 8 2017 to allow Jennings introduce his new evidence