Mombasa woman released on Sh1m bond in Sh100 million land fraud case

A Mombasa court has released Farzana Nur Butt on a Sh1 million bond after she denied three charges linked to the alleged fraudulent acquisition and occupation of two parcels of land in Shelly Beach, Likoni, valued at Sh100 million and registered in the name of Susan Wanjiru Kangethe.

Butt appeared before Senior Resident Magistrate Gladys Olimo, where she pleaded not guilty to charges of conspiracy to defraud, obtaining registration of land by false pretences and forcible entry over the two properties registered at the Mombasa Land Registry.

In a statement issued on Thursday, the Office of the Director of Public Prosecutions (ODPP) said the disputed parcels are identified as LR Mombasa/MS/Block 1/1944 and Mombasa/MS/Block I/1945.

The prosecution alleges that Butt worked with other individuals who were not before the court to deprive Kangethe of ownership of the two properties, whose combined value is estimated at Sh100 million.

According to the first count, the alleged conspiracy took place on various dates between July 12, 2006, and October 20, 2026, within the Coast region.

Prosecutors claim that the land was claimed without the permission of its registered owner and that Butt allegedly caused the properties to be registered in the names of her relatives, Jamshed Ahmed Butt and Fahmeda Begum Butt, despite allegedly knowing that the information used was false.

The second charge relates to obtaining registration of land by false pretences, contrary to Section 320 of the Penal Code.

The prosecution alleges that on July 12, 2006, Butt inserted Title Lease No. Mombasa/MS/Block 1/416 into the land records at the Mombasa Land Registry.

The ODPP told the court that the alleged action was intended to deprive Kangethe of the two parcels situated in Shelly Beach, Likoni. Prosecutors further claim that Butt knew the information entered into the land records was false.

The third count concerns forcible entry, contrary to Section 90 of the Penal Code.

Under this charge, the prosecution alleges that Butt entered the disputed premises in Shelly Beach, Likoni, without the authority of the registered owner.

The alleged entry is said to have taken place on various dates between July 9, 2025, and October 20, 2026, with the intention of annoying the property owner.

Butt denied all three charges when they were presented before the court.

Following the plea, her lawyer asked the court to release her on reasonable bond terms, arguing that she had a fixed place of residence within the court's jurisdiction.

Assistant Director of Public Prosecutions Breda Ogada, who led the prosecution, urged the court to set bond terms that reflected the nature of the charges facing the accused.

After considering the matter, Magistrate Olimo ordered Butt's release on a Sh1 million bond, with a surety of a similar amount.

The court scheduled the pre-trial conference for November 12, 2026, as the case moves to the next stage of the judicial process.

The case centres on the alleged registration and occupation of two parcels of land in Shelly Beach, Likoni, and the circumstances under which the properties were entered into the land records.

The prosecution will be required to prove the allegations against Butt as the proceedings continue. Having denied the charges, she remains presumed innocent unless proved guilty by a court of law.