DPP appeals acquittal of 5 suspects in Sh2.3bn Miwani Sugar land case
Director of Public Prosecutions (DPP) now wants five suspects in Sh2.3 billion Miwani Sugar land grabbing case who were acquitted to be charged afresh.
The five include Kibos Sugar Factory Chairman Sukwinder Singh Chatte, Ian Gakoi Maina, Philip Kabita Odongo, Epainto Apondo Okoyo and Crossley Holdings Limited.
In an application on Tuesday, Assistant Director of Public Prosecutions Frederick Ashimosi told Justice Ngugi Mumbi that the appeal was arguable and had reasonable chance of success.
The accused persons, represented by Kibos Sugar Chairman Sukwinder Chatte through an affidavit, rejected the appeal application stating that it was misconceived, bad in law and an abuse of process of the court according to sections 356 and 357 of the Criminal Procedure Code.
It is alleged that between 21st May 2007 and 30th January 2008 the five conspired with intent to defraud Miwani Sugar Company Limited of land measuring approximately 9300 acres valued at 2.3 billion shillings situated in Miwani by fraudulently causing the said property to be transferred to Crossley Holdings Limited.
On 20th May this year, Kisumu Chief Magistrate Julius Ng’arng’ar ordered that former Magistrate’ Abdulkadir Elkindy and Moses Osewe, a former revenue officer in the defunct Nyando County Council, had a case to answer.
However, five other suspects implicated in the nine year old corruption case were acquitted, prompting the DPP to appeal the move.
The ruling was scheduled to be delivered today by Justice Ngugi Mumbi, but will now be delivered at a later date.