An MCA and his brother on Monday moved to the Nakuru High Court seeking orders to stop their prosecution over fraud charges.
Kapkures MCA Paul Kimutai and his brother Paul Kipng’eno in their application want the High Court to stop a lower court from charging them.
The two are facing charges of forgery and allegedly using deceptive means to get money by attempting to sell a nonexistent piece of land.
The court heard that the two allegedly falsely pretended they were in a position to sell a piece of land to Josiah Njuguna.
According to Standard, the two were accused of allegedly forging a title deed of the land measuring 6.6 hectares valued at Sh30 million.
The MCA and the brother were also accused that on November 14, 2012, they fraudulently obtained a green card in respect to the six-hectare land claiming it was genuine and from the Nakuru lands registry.
The court further heard that the two on October 12, 2010 made an agreement of selling the land purporting it was made and signed by family members of Chepchilat Arap Rotich.
The two however through lawyer David Achola claimed that the case against his clients was out of malice and illegal despite the fact the matter in question has been confirmed authentic by the Land registry in Nakuru.
The Director of Public Prosecutions (DPP) and the chief magistrate’s court in Nakuru have been named as respondents in the case.
Justice Joel Ngugi on Monday called for prosecution file from the lower court as their application will be heard on June 18, 2019.