Reprieve for Ndemo, Muthama as court stops Konza trial

It was a big win for nine individuals yesterday when the High Court stopped their prosecution over alleged theft of Sh179 million in the Konza City land deal.

Judge George Odunga trashed the prosecution of National Police Commission member Ronald Leposo Musengi, Machakos Senator Johnson Muthama and former Information Permanent Secretary Bitange Ndemo.

The others were the former directors of the Malili Ranch Company Limited, who have been accused of stealing over Sh179 million from Malili Ranch Shareholders.

Judge Odunga prohibited Director of Public Prosecutions Keriako Tobiko from trying the individuals.

Mr Musengi, Mr Muthama, Dr Ndemo and six others had been charged with theft of the millions from the shareholders of the private company which sold the land to the government at Sh1 billion.

In his judgement, the judge said the trial of the Malili Techno City land deal suspects was an abuse of the criminal justice process.

“The trial of the suspect is a contravention of the petitioners constitutional rights,” said Justice Odunga.

He said the criminal trial was unlawful.

The prosecution of the suspects was malicious and oppressive, declared the judge as he prohibited the chief magistrate anti-corruption court from proceeding with the case.

He also directed the DPP, the Inspector-General of Police, the Director of Criminal Investigations to pay costs of the case.

The case was handled on behalf of the DPP by Senior Counsel Paul Muite, as a special prosecutor, assisted by a state counsel Mr Dancun Ondimu.

The suspects had accused Mr Muite of failing to inform the magistrate and the defence that the High Court had prohibited trial of all the nine suspects.

The accused appeared in court on September 2014.