The Office of the Director of Public Prosecution (ODPP) has recommended the prosecution of a UK national, Robert James Reid, Alexei Perelman of Galba Mining Limited and their Kenyan cohorts Simon Kinyanjui Wamui, Brian Kiondo Muya, Margaret Wanjiru Mwangi and Sheila Kahaki Mua Muindi for their criminal culpability in attempting to transfer Tatu City property behind their local counterparts’ backs.
They had attempted to sell the Ksh5.3 billion worth land tract in Kiambu to Daykio Plantations limited without the knowledge of local shareholders through forged documents for change of shares, shareholding and directorship in Purple Saturn to the registrar of companies… and go away!
This is a culmination of investigations that saw two files with contradictory information forwarded to the ODPP for perusal and eventual recommendations.
At the same time, the ODPP has absolved Nahashon Nyagah, his lawyers Nelson Havi, Michael Osundwa and others after the foreign investors, Stephen Jennings and Reid, falsely accused them of impropriety in the acrimonious Tatu City, Purple Saturn property dealings.
The reports culminating in the withdrawal of petitions that sought to compel the ODPP to come clean on its findings and exclusively obtained by this reliable website justicenow.co.ke read as follows:
We therefore recommend:
- To charge Robert Reid, Alexei Perelman of Galba Mining limited… with the offences of making a false document to wit, Return of Allotment(B-4), Statutory Declarations, Minute of Board Meeting dated 12/02/2015 contrary to Section 347(a) as read with Section 349 of the Penal Code.
Robert Reid faces a second charge of presenting false documents…He has been found to have presented falsified documents to effect fraud.
The third recommendation is to nail Kiondo Muya and Sheila Kahaki Muya Muindi wit the offence of ” false assumption of authority as Directors of Purple Saturn Properties Ltd vide Charge dated March 30 2015 stamped and registered at te companies Registry on April 8 2015.”
But Stephen Jennings has been let off the hook!The report stating: There is no evidence to charge Stephen Jennings with any of the proposed offences of making a document without authority…
The local Tatu City bigwigs can now breathe easy, thanks to a relentless legal showdown spearheaded by lawyer Nelson Havi.
Havi told a trial court that his team wished to withdraw the petition against the ODPP, of which Jennings and Reid had jumped on board as Interested Parties, “on the basis that they were not culpable.”
“We have reliably learnt that there is no criminal culpability on their part(read Nahashon Nyaga, Nelson Havi, Michael Osundwa and the rest of the petitioners who had earlier piled pressure on the ODPP),” the lawyer told justice John Mativo who allowed the withdrawal without costs!
The ODPP states in a signed absolution report that: There is no evidence that form the perusal of the file of complaint against the local Tatu City bigwigs as had been alleged by the foreigners.
It states thus that the alleged offences against Nyaga, Havi , Osundwa and others were a figment of the foreigners creation hence lifting the dark cloud that had shrouded the protracted Tatu City, Purple Saturn, Galba Mining fiasco wrangle for years with attendant sloped mainstream media reporting.
“This is because the case is hinged on whether the documents filed with Companies Registrar, to wit, Declaration of Trust, Statutory declarations, return of allotment dated 22nd August 2013, resignation letters and board meetings of 12th February 2015 were genuine or not, and whether they were authored by the (petitioners)…” the report states.
It continues:On the return of allotment dated 22nd August 2013, there is consensus by both forensic document examination report by John Muinde and Alex Mwongera that the document is a forgery. It cannot therefore be basis of criminal liability against the petitioners(sic).
Declarations of Trust
As to the declarations of trust and other documents, the findings were that the signatures on the said documents were not those of Nyagah and the rest of the local investors who the foreigners wanted to fix…implying that the signatures o the directors and shareholders on the said documents were forged, the document states.
The petitioners had denied execution of the said documents,and,” in the circumstances we opine that the said document(s) cannot form a basis of criminal liability,” the report states.
“We therefore recommend that no prosecution should be mounted based on the said documents,” the ODPP exculpatory report states.
On September 17 2015 Stephen Jennings had lodged a complaint that the DCI wanted to scuttle investigations. This then necessitated the DPP to call for the fie, peruse and satisfy himself on the allegations raised in a complaint letter and thereafter give directions to dispense justice.