Court throws out Ndemos Malili Ranch case

Court throws out Ndemos Malili Ranch case

Former Information Permanent Secretary, Bitange Ndemo, on Thursday, October 6 got a reprieve after the High Court stopped his prosecution .

Ndemo moved to the High Court to stop his trial in connection with Ksh 179 million loss in Malili Ranch procurement.

The court in its judgement ruled that Ndemo’s prosecution is malicious and an abuse of the court process.

Justice Roslyne Aburili said that Ndemo is a sacrificial lamb and the decision to charge him is an attempt to shield the real perpetrator’s.

“It is hereby declared that the prosecution of the case against Ndemo in this case amounts to selective and, therefore, discriminatory prosecution and gross abuse of the process of the court,” ruled Justice Aburili.

Ndemo claimed that 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.

The DPP, the Inspector General of Police, the Director of Criminal Investigations, the Ethics and Anti-Corruption Commission and the Milimani Chief Magistrate Court had been named as respondents.

He was charged with the offences of willful 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.

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