Ndemo fails to stop Malili Ranch case in which he is accused of abuse of office, stealing
What you need to know:
The said monies were allegedly stolen in 2009 from the shareholders of Malili Ranch, being proceeds of the sale of the 5,000 acres of land for building the Konza technology city.
Despite claims that his prosecution is ill founded, High Court judge Weldon Korir said that Dr Ndemo could not stop the ongoing case at the Magistrate’s Court although he would still hear his application challenging the matter.
Former Information Permanent Secretary Bitange Ndemo Monday lost his bid to temporarily halt his trial in connection with the Sh179 million loss in the controversial sale of Malili Ranch from proceeding.
Despite claims that his prosecution is ill founded, High Court judge Weldon Korir said that Dr Ndemo could not stop the ongoing case at the Magistrate’s Court although he would still hear his application challenging the matter.
“Leave granted will not operate as stay as there is no likelihood that the trial will proceed before the application is heard and determined, however, you are at liberty to halt it in case there is a change of circumstances,” Justice Korir said.
Dr Ndemo was in September 2014 charged with the offences of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony.
Stolen from shareholders
He was charged alongside Machakos Senator Johnson Muthama, former Lands commissioner Zablon Agwata Mabea, Malili directors Julius Kilonzo, Julius Nzyuko and the National Police Service Commission’s Ronald Musengi. They all denied the charges and were released on bond.
The said monies were allegedly stolen in 2009 from the shareholders of Malili Ranch, being proceeds of the sale of the 5,000 acres of land for building the Konza technology city.
The Magistrate’s Court has not yet set hearing dates for the trial. Dr Ndemo claims that he accessed documents which confirm that his trial is malicious.
In his case documents, he claims that the charges instituted against him are based on new allegations as well as material obtained after the Director of Public Prosecution closed the file.
He argues that he was not granted an opportunity to comment on new allegations and that some people recommended for prosecution have been shielded in order to embarrass as well as humiliate him while others are being used as witnesses to stop him from defending himself. He argues that his continued prosecution is a gross violation of his rights.
Through lawyer Fred Ojiambo, Dr Ndemo has sued the DPP, the Inspector General, the Director of Criminal Investigations, the Ethics and Anti-Corruption Commission and the Milimani Chief Magistrate’s Court.
“By not charging members of the tender committee who were decision makers and instead singling me out for prosecution amounts to selective prosecution,” he argues.
