Court bars DPP Keriako Tobiko from charging former CBK governor Nahashon Nyagah

The High Court has temporarily barred Director of Public Prosecutions Keriako Tobiko from charging former Central Bank of Kenya governor Nahashon Nyagah over the Tatu City scandal.

Justice Mumbi Ngugi gave the orders after Mr Nyaga moved to court on a certificate of urgency, claiming  his intended prosecution is malicious. He denied claims that he mooted a plot to defraud Tatu City developer Stephen Jennings more than Sh5 billion. He said he was being accused in a bid to coerce him to drop a civil case surrounding the same real estate project.

"An order of interim injunction is hereby issued restraining the first and the second respondents from instituting or continuing criminal prosecution of the petitioner in respect of any offences relating to claims in civil case 46 of 2015 and civil case 230 of 2015 and the affairs of Kofinaf Company, Purple Sartun Properties and Nara Company Ltd," Ms Ngugi ruled Thursday.

Through lawyer Duncan Anzala, Nyaga said the recommendations by Criminal Investigations Directorate were against his right to a fair trial because he was neither notified nor called to defend himself. The CID had launched a probe on Mr Nyaga after Jennings lodged a complaint. The case will be heard on September 21.

And Bidco Africa Ltd Chief Executive Officer Vimal Shah sued Jennings, Preston Mendenhal, Artem Gurevich, Ally Satchu and Cyprian Nyakundi claiming that they had defamed him in the media over the same Tatu City saga.