Economy

Tobiko says he has evidence to prosecute Malili suspects

Director of Public Prosecutions (DPP) Keriako Tobiko has said he has gathered enough evidence to support the charges filed against Machakos Senator Johnstone Muthama, former PS Bitange Ndemo and directors of Malili Ranch Company over the alleged irregular sale of 5,000 acres of land to the government for construction of Konza Techno City.

Senior counsel Paul Muite who was appointed by the State to prosecute the case against Mr Muthama, Dr Ndemo and seven others over the alleged theft of Sh179 million from the shareholders of Malili Ranch Company urged Justice George Odunga “not to extend an order suspending the trial of three directors of Malili”.

But defence lawyers urged Justice Odunga to allow the six suspects who have already denied the charges to participate in the application by three directors of Malili seeking to prohibit the DPP from prosecuting them.

READ: Suspect in Sh179m Malili land sale seeks exclusion from case

Okong’o Omogeni told Justice Odunga that Order 53 of the civil procedure requires all the parties in a criminal case to be supplied with all the proceedings which may affect their trial. He said that orders suspending the trial of Messrs David Ndolo Ngilai, James Kituku and Leonard Kitua “equally affects all the nine suspects in the Malili land acquisition case.”

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