Former Information permanent secretary Bitange Ndemo on Wednesday moved to the High Court, seeking to stop his trial in connection with Malili Ranch from proceeding Thursday.
Dr Ndemo claimed his prosecution is ill-founded since he has accessed documents, which confirm that his trial is malicious.
He claimed the charges instituted against him were based on new allegations as well as material obtained after the Director of Public Prosecutions closed the file.
He argued that he was never granted an opportunity to comment on new allegations and that some people recommended for prosecution have been shielded to embarrass as well as humiliate him while others are being used as witnesses to bar him from defending himself.
Based on the documents, he claims to have seen, he argues that his continued prosecution will be a gross violation of his rights.
Through lawyer Fred Ojiambo, he has sued the DPP, the Inspector General of Police, the director of criminal investigations, the Ethics and Anti-Corruption Commission and the Milimani Chief Magistrate Court.
“Unless appropriate orders are issued by this court, the trial against Mr Ndemo will proceed before the Magistrates’ court as from today, we request that orders of prohibition restraining the continued prosecution, pending the hearing and determination of this application,” Mr Ojiambo said.
He was charged with the offences of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony in September 2014.
He was charged alongside Machakos Senator Johnson Muthama, former Land commissioner Zablon Agwata Mabea, Malili directors Julius Kilonzo, Julius Nzyuko and a National Police Service Commission member Ronald Musengi.