Ngilu's petition against Karen land case sent to CJ Mutunga

Suspended Lands Cabinet Secretary Charity Ngilu at a Milimani court on July 13, 2015 during the mention of case a which she is charged with blocking investigations into the Karen land saga. FILE PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • The CJ is expected to appoint judges to hear the case.
  • She has sued the EACC, the Director of Public Prosecutions and the Milimani Chief Magistrate.

A case in which suspended Lands Cabinet Secretary Charity Ngilu is seeking to stop a criminal case against her over a disputed piece of land in Karen, Nairobi, has been sent to Chief Justice Willy Mutunga.

The CJ is expected to appoint judges to hear the case.

Mrs Ngilu argues that the Ethics and Anti-Corruption Commission (EACC) is not properly constituted to conduct investigations and make recommendations according to the law because it lacks the requisite number of commissioners.

She claims that the decision to charge her was influenced by a presidential directive.

She filed the case together with Ms Sarah Mwendwa, Mr Geoffrey Birundi, Ms Polly Wanjiku, Mr Mark Wanderi, Mr Macmillan Mutiso and Mr James Mbalyko.

They have sued the EACC, the Director of Public Prosecutions and the Milimani chief magistrate.

In the suit, Mr Josphat Konzolo and Telesource.com Limited are listed as interested parties.

Through lawyer Kioko Kilukumi, the seven claimed that their prosecution is intended to achieve other ulterior purposes.

Ms Ngilu, who is out on bond, is accused of obstructing investigations into the Karen land by directing ministry officials not to release documents to EACC investigators or even record any statements regarding the land.