NAIROBI, Kenya, Aug 12 – The Director of Public Prosecutions has opposed former NSSF Managing Trustee Jos Konzolo’s application to have the Environment and Land Division of the High Court suspend the criminal charges he is facing before the Anti-Corruption Court over the Sh8 billion Karen land saga.
Konzolo applied to have the court suspend the criminal proceedings until a case before the Constitutional and Human Rights Division of the High Court, on the whether an Ethics and Anti-Corruption Commission (EACC) without commissioners can recommend prosecution, is heard and determined.
The DPP however argues that the Environment and Land Division’s mandate is specialist in nature and therefore lacks the jurisdiction to grant the orders sought by Konzolo.
Konzolo has a civil suit pending before the Environment and Land Division over the same land for which he is facing criminal charges.
Da Gama Rose through lawyer Cecil Miller, has contested Konzolo’s claim on the 134-acre parcel of land in Karen through his company Telesource.
Konzolo and senior suspended Ministry of Lands officials who include Chief Lands Registrar Sarah Mwendwa have been charged before the Anti-Corruption Court with conspiring to illegally transfer the Karen land to Telesource and attempting to conceal said transfer; a charge they have denied.
Suspended Lands Cabinet Secretary Charity Ngilu has also been charged alongside them on suspicion of seeking to block the EACC’s enquiry into the matter.
A charge she too has denied, arguing before the Constitutional and Human Rights Division of the High Court, together with Konzolo, that the charges are meant to tilt the scales in favour of Da Gama Rose in the civil suit he filed against the Ministry and Konzolo in the Environment and Lands Division of the High Court.
The 134-acre of Karen land valued at about Sh8 billion has drawn widespread interest with the Coalition on Reforms and Democracy arguing that the land neither belongs to Da Gama Rose or Konzolo but to the public.