Sh179m Malili land fraud trial to go on
What you need to know:
- On Tuesday, Justice George Odunga clarified that he did not give any orders stopping the trial.
- Justice Odunga further said he would not allow the orders he gave to benefit those who had not approached it for any reliefs.
The Sh179 million fraud case against Machakos Senator Johnstone Muthama, former PS Bitange Ndemo and four others can proceed, Director of Public Prosecution Keriako Tobiko has been told.
The case arose following claims of irregular acquisition of 5,000 acres at Malili Ranch by the government in 2009, for the construction of Konza Technology City.
On Tuesday, Justice George Odunga clarified that he did not give any orders stopping the trial of Mr Muthama, Dr Ndemo, Mr Julius Kilonzo Maweu, Mr Julius Mbau, former Commissioner of Lands Zablon Mabea and a commissioner in the National Police Service Commission (NPSC,) Mr Ronald Laposo Musengi.
Justice Odunga said the six “cannot be allowed to take a free ride on the orders granted to three directors of Malili”, who approached the court on September 3, to block the DPP and the anti-corruption court from commencing a case against them.
The judge said Mr Muthama, Dr Ndemo, Mr Maweu, Mr Mbau, Mr Mabea and Mr Musengi, whom he allowed to join the application of the three directors of Malili as interested parties, did not move the High Court to bar their trial.
“The position of the three directors cannot be the same as that of the interested parties who have already denied they stole over Sh179 million from the shareholders of Malili,” clarified the judge.
He said he could not allow the interested parties to benefit from orders which they did not seek, because doing so “would not only bring disrepute to the court, but also turn it into a circus”.
The judge said the three directors deserved some measure of protection, and went on to extend the orders blocking the DPP, who has appointed Senior Counsel Paul Muite to prosecute the case, assisted by state counsel Duncan Ondimu.
Mr Muite had urged the judge to clarify whether the orders he gave on September 3 applied to all nine accused named in the charge sheet presented to the trial magistrate, Mrs Doreen Mulekyo.
Justice Odunga further said he would not allow the orders he gave to benefit those who had not approached it for any reliefs, as doing so “would turn the court into a theatre of the absurd”.
CHALLENGE TRIAL
He, however, allowed the six accused who have already pleaded to the case filed before the anti-graft court to, within seven days, file proceedings challenging their trial.
He directed defence lawyers Okong’o Omogeni, John Khaminwa, Mbugua Mureithi, Steven Adere, Kethi Kilonzo, Aulo Soweto, Harun Ndubi and James Orengo to file pleadings challenging the trial of the six accused within seven days.
