DPP Keriako Tobiko ‘has evidence’ to support trial in Malili case

Senior counsel Paul Muite on September 29, 2014 during the hearing of a case in which three directors of Malili Ranch Company were seeking to stop their prosecution over the alleged theft of Sh179 million. FILE PHOTO | PAUL WAWERU |

What you need to know:

  • Senior counsel Paul Muite said he had gathered evidence to prosecute the suspects over the theft of Sh179 million from the shareholders of Malili Ranch Company Ltd.
  • They were accused on September 5 before chief magistrate Doreen Mulekyo.

There is enough evidence to support the charges filed against Machakos Senator Johnstone Muthama, former PS Bitange Ndemo and the directors of Malili ranch, the court has heard.

They are charged with irregular sale of 5,000 acres to the government for the construction of Konza Technology City.

Senior counsel Paul Muite, who was appointed by Director of Public Prosecutions (DPP) Keriako Tobiko, said he had gathered evidence to prosecute Mr Muthama, Dr Ndemo and seven others over the theft of Sh179 million from the shareholders of Malili Ranch Company Ltd.

On Monday, Mr Muite urged Mr Justice George Odunga “not to extend an order suspending the trial of three directors of Malili to enable them to enter pleas in a case”.

But defence lawyers Okong’o Omogeni, John Khaminwa, Steven Adere, Kethi Kilonzo, Soweto Aulo, Harun Ndubi and Muema Kitulu urged Justice Odunga to allow the six suspects, who have already denied stealing the Sh179 million, to participate in the application by three directors of Malili seeking to prohibit the DPP from prosecuting them.

Mr Omogeni said that Order 53 of civil procedures requires all the parties in a criminal trial to be supplied with all the proceedings that may affect their trial.

He said that orders suspending the trial of Mr David Ndolo Ngilai, Mr James Kituku and Mr Leonard Kitua “equally affects all the nine suspects in the Malili land acquisition case”.

Dr Ndemo, Mr Muthama, Mr Ronald Musengi, Mr Julius Kilonzo Maweu, Mr Julius Mbau and a former commissioner of lands, Mr Zablon Mabea, have since denied abuse-of-office and theft charges.

They were accused on September 5 before chief magistrate Doreen Mulekyo.

ADJOURN TRIAL

Mr Kitulu urged the judge to adjourn the hearing of the application by the three directors, which was slotted for hearing Tuesday, so that they could respond to the other application by the DPP to dismiss their bid to prohibit their trial.

Mr Muite, who is assisted by State counsel Duncan Ondimu, asked the judge to allow the trial of the three to proceed before the anti-corruption court.

He said the testimony to be relied upon was the one volunteered by shareholders of Malili, who alleged they were underpaid for their parcels of land sold to the government.

“Investigators have unearthed how the payments were done and we have the prima facie evidence,” Mr Muite stated.

He also urged the judge to consolidate another case by Mr Musengi, who is seeking to block his trial, with the current one of Mr Ngilai, Mr Kituku and Mr Kitua. Mr Musengi’s case is listed for hearing on October 24.

Justice Odunga will determine on Tuesday whether to allow the three to answer the DPP’s averments.