The court has declined to allow an application by the Director of Public Prosecution (DPP) seeking to withdraw the Sh 500m land case in Karen.
When the matter came up for mention before Chief Magistrate-City Court Roseline Oganyo yesterday, she directed the case to proceed to full hearing saying that the DPP is not entitled to interfere with the case.
The DPP's application to withdraw the multi-million shilling land forgery case against lawyer Guy Spencer was opposed by the defense and the complainant.
The DPP wanted to have the case to start afresh on the grounds that there was new evidence from the National Lands Commission (NLC) and statements from witnesses which he wanted to consider. “The statements were to be the root cause of this case,” a DPP representative told the court.
Through State counsel Lillian Obuyo, the DPP had told the court that he has also received new evidence from witnesses which he needed to review before filing the case afresh.
“We are seeking to have this case withdrawn so that we can conduct fresh investigations and include new evidence that we have received from NLC,” said Ms Obuyo.
Agnes Kagure, who is claiming ownership of the land Spencer is holding in trust, said she was not aware of the DPP's intention to withdraw the case.
Ms Kagure’s lawyer Wandugi Karathe said: “The document from the NLC which the prosecution wants to rely on had been quashed by the High Court.”
Spencer's lawyers Oscar Gitoro and Newton Osiemo opposed the application and insisted on unconditional withdrawal of the case. The Chief Magistrate granted leave for Spencer to file an affidavit to show when the documents were shared. The matter will be heard November 8.