Three Aimi Ma Lukenya Society officials were on Monday arraigned over the contested East African Portland cement land in Mavoko, Machakos County.
The prosecution sought the detention of Julius Mutua (chairman), Pascal Kiseli (treasurer), and secretary Alex Kyalo Mutemi.
This it argued was in order to complete investigations against the trio.
The court heard that the three are under probe for conspiracy to defraud and obtain money by false pretences.
Read: Mavoko MP Makau Among 30 Summoned by DCI Over Portland Cement Land Saga
“The investigations are at the preliminary stage and would like more time,” the court heard.
The Managing Director of East African Portland is listed as the complainant.
The defence on its part argued against their clients detention saying they are not a flight risk and are leaders of a society.
They also informed the court that the matter was pending before the appellate court.
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“There was no final decision to warrant the company to demolish the property when the matter and the same party is before the court of appeal,” said lawyer Mutava Musyimi, adding that the matter has been alive since 2014.
“Until that question is determined, no criminal charge can be preferred against them.”
The court will render a ruling on Wednesday afternoon.
Meanwhile, the trio is being held at Muthaiga police station.