Court restores proceedings in Miwani case

By Anderson Ojwang’

The High Court has reinstated criminal proceedings against eight people facing charges of fraudulently trying to acquire the collapsed Miwani Sugar Company and its assets.

Kisumu High Court Judge Josephat Karanja dismissed an application filed by the suspects in which they sought to reinstate stay orders that had been discharged.

"There is no place for a mixed grill of the Constitution, the Civil Procedure Act and the Judicial Review. The notice dated September 29, 2010 is defective as presented. If allowed to stand, it would be misconceived," he said in his ruling.

Justice Karanja said the ground of preliminary objection by Kenya Anti-Corruption Commission was merited to the extent that the application notice of motion dated September 29, 2010 be and hereby struck out for being incompetent and misconceived.

Preliminary objection

He set the hearing for December 13. The preliminary objection was in respect of an application by Crossley Holding Ltd filed on September 30.

Karanja had, in respect of the application, given a temporary order of stay restraining further prosecution of the accused pending judicial inter and exparte hearing.

The accused are Ian Gakoi and Phillip Odongo, Kibos Sugar MD Sukhwinder Singh, Epainto Apono, Moses Nyabura and John Gitau.

So far only two listed defendants — Kefa Lumumba and Crossley Holdings Ltd owners — have not been traced and found by KACC detectives.

Karanja lifted orders granted on February 11 to allow the respondents ample time to study the findings, report and recommendations by KACC.

The agency argues the accused, between May 21, 2007 and 2008, jointly conspired to defraud Miwani Sugar Company (1989) Ltd of its property all comprised in parcel of land LR 7545/3 measuring 9,394 ha and valued at Sh2.32 billion.