NAIROBI, Kenya, Oct 6 – The High Court has stopped the prosecution of ex- Information Permanent Secretary Bitange Ndemo over the controversial sale of Malili Ranch that led to Sh179mn loss.
Justice Roselyn Aburili terminated the charges facing Ndemo saying they are an abuse of court process, selective and discriminative.
The judge concurred with Ndemo that he was used as a sacrificial lamb to shield the real suspects.
Ndemo moved to the High Court in April 2016 arguing that his prosecution was based on malice and it was his argument that he was indicted based on facts found after the Director of Public Prosecutions (DPP) had closed his file.
But the DPP had opposed his application claiming that evidence gathered proves that Ndemo fraudulently benefited from the illegal transaction.
Justice Aburili was told that it was clear from his statements and police investigations on the role he played in the transaction that he knew was unlawful and irregular.
He had denied charges of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony in September 2014.
The offences were allegedly committed on June 7th 2009 at Teleposta through the signing of an agreement for the purchase of 5,000 acres from Malili Ranch Limited.
The former PS was accused alongside Machakos Senator Johnstone Muthama, former Lands Commissioner Zablon Agwata, Malili directors Julius Kilonza, Julius Nzioku and the National Police Service Commissioner Ronald Musengi.
The Government is set to build the Konza ICT city on the 5000 acres.