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Court throws out Cyrus Jirongo's Sh50million land case

By Kamau Muthoni | Updated Wed, January 11th 2017 at 10:20 GMT +3
Former Lugari MP Cyrus Jirongo. (Photo: The Standard Team)

Former Lugari MP Cyrus Jirongo will not be charged over alleged Sh 50 million land fraud after High Court found legal gaps surrounding his prosecution.

Justice George Odunga agreed with his argument that he was being unfairly dragged to court as the issue in contest happened two decades ago.

Although the judge pointed out that he could not make a finding on whether Jirongo was innocent or not, he found that it had taken too long for the politician's accusers to launch a complaint with the police and at the same time Director of Public Prosecution Keriako Tobiko to make recommendation on him being charged. Justice Odunga termed it a persecution.

"Where a person whom against the wrong doing has been allegedly committed takes an inordinately long time before lodging his complaint with the police and as a result of which crucial evidence is lost and witnesses become unavailable amounts to nothing but persecution," ruled Justice Odunga.

He noted that efforts to have the business man cum politician charged were a ploy to reclaim the property in question.

"It is then clear that commencement of the criminal proceedings is meant for the achievement of collateral purpose other than its legally recognized aim," Justice Odunga ruled adding that the State ought to give an equal stand for both the accused and the accuser to achieve a just finding.

Jirongo was set to be charged for allegedly obtaining execution of security by false pretenses, making a document without authority, uttering a false document and giving false information to a police officer.

It had been alleged that he had bought a Sh20 million parcel of land 25 years ago in Nairobi's Upper Hill registered in the name of SDL.

It was further alleged that the former law maker charged the property to City Finance Bank to secure a Sh30 million loan.

After clearing the loan, Jirongo allegedly charged the property again to Postbank Credit for an advance of Sh50 million. The lender had collapsed thus the property was transferred to ASL limited in 2006.

Investigators went after him after complaints that he had not finished paying for the property and that the title deed had gotten lost.Kamau Muthoni

Court stops Jirongo's prosecution over alleged Sh 50 million land fraud.

Former Lugari MP Cyrus Jirongo will not be charged over alleged Sh 50 million land fraud after High Court found legal gaps surrounding his prosecution.

Justice George Odunga agreed with his argument that he was being unfairly dragged to court as the issue in contest happened two decades ago.

Although the judge pointed out that he could not make a finding on whether Jirongo was innocent or not, he found that it had taken too long for the politician's accusers to launch a complaint with the police and at the same time Director of Public Prosecution Keriako Tobiko to make recommendation on him being charged. Justice Odunga termed it a persecution.

"Where a person whom against the wrong doing has been allegedly committed takes an inordinately long time before lodging his complaint with the police and as a result of which crucial evidence is lost and witnesses become unavailable amounts to nothing but persecution," ruled Justice Odunga.

He noted that efforts to have the business man cum politician charged were a ploy to reclaim the property in question.

"It is then clear that commencement of the criminal proceedings is meant for the achievement of collateral purpose other than its legally recognized aim," Justice Odunga ruled adding that the State ought to give an equal stand for both the accused and the accuser to achieve a just finding.

Jirongo was set to be charged for allegedly obtaining execution of security by false pretenses, making a document without authority, uttering a false document and giving false information to a police officer.

It had been alleged that he had bought a Sh20 million parcel of land 25 years ago in Nairobi's Upper Hill registered in the name of SDL.

It was further alleged that the former law maker charged the property to City Finance Bank to secure a Sh30 million loan.

After clearing the loan, Jirongo allegedly charged the property again to Postbank Credit for an advance of Sh50 million. The lender had collapsed thus the property was transferred to ASL limited in 2006.

Investigators went after him after complaints that he had not finished paying for the property and that the title deed had gotten lost.



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