High Court says earlier order stopped trial of three Malili Ranch directors

Former Permanent Secretary Bitange Ndemo (left) and Machakos Senator Johnston Muthama. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice George Odunga said an order issued earlier stopped the trial of three Malili Ranch directors.
  • The three directors seeking to challenge the decision by the Director of Public Prosecution to charge them.

NThe High Court has ruled that a fraud case against Machakos Senator Johnston Muthama, former Permanent Secretary Bitange Ndemo and four others to proceed.

Justice George Odunga said an order issued earlier only stopped the trial of three Malili Ranch directors David Ngilai, James Kituku and Leonard Kitua.

The judge said Mr Muthama, Mr Ndemo, Julius Maweu, Julius Mbau, Ronald Musengi and Zablon Mabea cannot enjoy the stay as they were not part of the case that stopped the trial.

The judge, however, allowed the six to be enjoined in the suit filed by the three directors seeking to challenge the decision by the Director of Public Prosecutions to charge them over the sale of 5,000 acres for the construction of Konza Technology City.

On September 3, 2014, the three directors of Malili Ranch obtained orders stopping their trial.

Chief Magistrate Doreen Mulekyo halted the trial of the nine and fixed December 10 as the date for further mention and direction of the case.

Senator Muthama, Dr Ndemo and four others had appeared in court on September 5 and denied stealing Sh179 million paid to shareholders of the Malili Ranch by the government in 2009.