RULING OF THE COURT
On 20th December, 2012, the 1st respondent, Josephine Akoth Onyango was arrested by the police on suspicion of having committed various offences under the Penal Code relating to the property known as LR No 1160/784, Nairobi measuring in area approximately 0.6305 hectares and valued at Kshs 200,000,000 (hereafter the suit property). She was held in custody until the eve of Christmas when she was charged before the Chief Magistrates Court, Kibera in Criminal Case No 6531 of 2012.
Subsequently, the 2nd respondent, Simon Otieno Onyango was also arrested and charged before the same court in Criminal Case No 2178 of 2013 arising from the same set of facts.
When the two criminal cases were ultimately consolidated, the charges against the 1st and 2nd respondents ranged from conspiracy to defraud, forgery, making false documents and uttering false documents, all arising from the transfer of the suit property from the name of the 5th respondent, Sehit Investments Ltd to that of…