, NAIROBI, Kenya, Oct 30 – The High Court has halted the criminal case against suspended Cabinet Secretary Charity Ngilu and former National Social Security Fund trustee Jos Konzolo until the real owner of the 134-acre land is established.
Environment and Land Division Court judge Lucy Gacheru said the decision was necessary in order to facilitate justice for the accused persons.
Gacheru’s verdict follows another ruling by a three-judge bench that the case should proceed even as the real owner of the multi-billion piece of land is sought.
In their defence, Ngilu and Konzolo through lawyers Kioko Kilukumi and Paul Muite argued that the Director of Public Prosecutions should have recommended criminal charges against them after establishing the real owner of the land.
The DPP and the Ethics and Anti-Corruption Commission who were represented in court opposed Ngilu and Konzolo’s application arguing that the court did not have the jurisdiction to stop the criminal trial since its mandate was limited to land matters and not criminal issues.
The contentious multi-billion parcel of land had been claimed by two entities – Telesource limited and Muchanga investments limited linked to businessman Horatius da Gama Rose who is represented by lawyer Cecil Miller.
Konzolo who owns Telesource Ltd together with six other individuals has been accused of forging titles to the land.
Da Gama Rose who also maintains ownership of the 134-acre land has since sued Telesource, Habenga Holdings, Jina Enterprises Ltd, the Director of Survey, the Director of Physical Planning, the Ministry of Lands, the Registrar of Titles and the Chief Land Registrar after Telesource partitioned the land into 189 plots.
The government institutions were enjoined in the lawsuit in what Da Gama Rose says is “condoning grabbing of private property and disregarding the rule of law.”
Da Gama Rose presented to the court documents dating back decades ago when the property was sold to Muchanga Investment limited.
The case will be heard again on November 19.