Former LSK Chairman Eric Mutua./ CFM-FILE.
NAIROBI, Kenya Feb 13 – The High Court has temporarily stopped the arrest and prosecution of former Law Society of Kenya chairman Eric Mutua in connection with the loss of Sh 533.8 million in the sale of the 5,000-acre Malili Ranch.
Justice Weldon Korir barred Director of Public Prosecution Noordin Haji and Director of Criminal Investigations George Kinoti from arresting, detaining, charging or prosecuting Mutua over Malili Ranch transactions.
“There be a stay of proceedings in any criminal proceedings to be instituted against Mutua in relation to his role in the conveyance involving sale of L.R No. 9918/3(Malili Ranch) and proceeds of sale thereof, pending the hearing of this application inter parties”, ordered Korir.
This is after Mutua filed a case under a certificate of urgency seeking to stop the state from taking action on the matter against Mutua.
Mutua was expected to be charged on Thursday morning before Milimani Anti-corruption court Chief Magistrate Douglas Ogoti with two counts of forgery and stealing of Sh533.8 million sale proceeds of 5000 acres land of the ranch but presented a High court order staying his prosecution.
The prosecution through Willy Momanyi sought for a mention date so as to consult his boss Noordin Haji over the new development in the case.
Magistrate Ogoti directed the case to be mentioned on February 20 for further directions.
According to a charge sheet filed in court, Mutua is accused of fraud that on diverse dates between June 25,2009 and March 19,2010 in Nairobi and Machakos counties jointly with others stole Sh553,831,731.15 being sale proceeds of 5000 acres of land LR No. 9918/8 that was sold to the government of Kenya (Ministry of information and Communication) the property of Malili ranch limited.
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