Former NSSF boss Josphat Konzolo and four others have once again revisited the acquittal of former CS Charity Ngilu in the KSh8 billion Karen land case and tagged on the court of appeal order that let her off the hook saying it was a blanket decree “terminating” the multiple corruption charges they face.
See what we reported earlier of the proceedings before the mainstream media came up with a contortion, on their own account, that the case had been shelved:
Konzolo and co- accused have 14 days from August 14 2017 to file a formal application seeking to have the corruption case file closed at the anti-corruption court, a thing the prosecution terms “baseless.” More time
Milimani Senior principal magistrate Lawrence Mugambi of Anti-Corruption court gave Konzolo and defence teams more time after rejecting their proposal to quash the case against on the strength of appeal court order.
The defence raised fresh objection of the continued prosecution after Ngilu was let off.
“The dispute here-in cannot be sufficiently disposed of without a hearing of a formal application filed in court,” ruled the magistrate.
Limited to Ngilu
According to senior assistant Director of Public Prosecutions Fredrick Ashimoshi the only stay on the prosecution is pegged on the outcome of an ongoing high court petition but not the Court of Appeal order that freed Ngilu.
He restated the Court of Appeal decision dated March 6 2017 was only limited to Ngilu and that “no other order affects the matter.”
Former Lands CS walks after Court of Appeal quashed case following consent by DPP”There is only one appellant in the case none of this accused person in court did file an appeal on the decision of the High court…. the judgement only applies to Ngilu and does not apply to co- accused persons,” Ashimoshi said.
Defence lawyers led by Hiram Kago still argue that the earlier order was clear as it had stopped “the entire criminal case against Ngilu, Konzolo and the four.
Karen land saga
But a third suspect distanced herself and was categorical that she had not objected to her prosecution as her lawyer was yet to extract the Court of Appeal decree to digest and understand it.
The accused persons face graft charges arising from the KSh8 billion Karen land row in which the former Lands CS Ngilu had been charged with obstructing investigations but has since been cleared after successfully negotiating a consent with DPP through SC Paul Muite.
Konzolo is charged alongside senior Lands Ministry officials, Telesource.Com Ltd, Ms Sara Njuhi Mwenda, Geoffrey Swanya Birundi, Pauline Wanjiku Gatimu, Mark Muigai Wanderi, lawyer Macmilan Mutinda Mutiso and James Mbaluka with various offences in connection with the Karen land saga.
The main stream media has been accused of misleading the public that the trial had been stopped!
A hearing was set for September 7 2017.