The Director of Public Prosecutions (DPP) Noordin Haji has for the second time requested for withdrawal of Sh500 million Karen land case.
Appearing before City Court Magistrate Joseline Ongayo, Haji, through Senior Assistant Director of Public Prosecutions Edwin Okello said that they want to withdraw the case due to the insights that prove prior investigations were inconsistent.
The case involves Lawyer Guy Spencer Elms where the complainant is businesswoman Agnes Kagure Kariuki, who has been nominated for the position of Nairobi County Deputy Governor.
Kagure has accused Spenser of forging the Will of his client the late Roger Bryan Robson who died on August 8, 2012.
She claims that the deceased sold the Karen land to her in 2011 before he died, for Sh100 million in cash.
Through her lawyer Karathe Wandugi, Kagure, however, opposed Haji’s move saying that his client was the victim in this case.
“Haji does not have an open book to commence and disrupt cases arbitrarily and more so in this case where the office had not provided proper reasons for the withdrawal application,” said Wandugi.
In response to Wandugi's application, Okello noted that according to Article 157(10) and (11) of the Constitution it is well within DPP’s powers to review the provided evidence for this case saying the office had already given reasons for the same.
He further noted that there is no law that bars the prosecution to review a case at any given period and exercise his powers to terminate a case at any stage before Judgement.
Okello submitted that the DPP in exercise of his ponder Article 57(10) of the Constitution, is not subject to control or direction of any authority or person.
“Haji only needs the permission of the Court under Article 157(6) of the Constitution to facilitate exercise of his powers under Article 157(11) of the Constitution to guard against abuse of legal process, fair administration of justice and public interest,” said Okello.
Spencer’s legal team Odero Osiemo, Litoro Advocates and Shah Advocates said they were in support of Haji’s move arguing that the case has dragged on for so long yet no incriminating evidence was being presented in court.
The late Roger Robson who owned two properties located in Karen and Upper Hill; both estimated to be worth over US$ 5 million, he had indicated in his will the estates should be sold and proceeds shared between his nephew and charitable institutions in Kenya that focuses on environmental conservation.
His wish is yet to be executed following the unending cases.