× Business BUSINESS MOTORING SHIPPING & LOGISTICS DR PESA FINANCIAL STANDARD Digital News Videos Health & Science Lifestyle Opinion Education Columnists Moi Cabinets Arts & Culture Fact Check Podcasts E-Paper Lifestyle & Entertainment Nairobian Entertainment Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise VAS E-Learning Digger Classified Jobs Games Crosswords Sudoku The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS

Haji files appeal in Sh2.3b Miwani Company land case

By Paul Ogemba | Jul 16th 2019 | 2 min read
By Paul Ogemba | July 16th 2019
Director of Public Prosecutions (DPP) Noordin Haji asked the High Court to recall the Magistrate’s Court file on the matter. [Standard]

The State prosecutor has appealed a court decision to acquit four people accused of defrauding Miwani Sugar Company.

The four were accused of having a hand in the alleged grabbing of the company's 9,394 acres valued at Sh2.3 billion.

Director of Public Prosecutions (DPP) Noordin Haji yesterday asked the High Court to recall the Magistrate’s Court file to confirm that there was indeed enough evidence to prove the four were involved.

“The magistrate made a mistake in acquitting the accused on grounds that there was no proof the 9,394 acres belonged to Miwani Sugar Company when it was clear from the evidence that the title was registered in the company’s name,” the DPP said through State prosecutor Fredrick Ashimosi.

Ian Maina, John Kimani, Philips Odongo, Moses Osewe, Kefa Atunga, Sukhwinder Singh, Epainito Okoyo and Abdulkadir Athman were jointly charged with conspiring to defraud the sugar factory, which is under receivership, of land valued at Sh2.32 billion between May 2007 and January last year.

They were accused of hiving off part of the public land and transferring it to Crossly Holdings Limited in collusion with senior lands officials.

But Kisumu Chief Magistrate Julius Ng’arng’ar acquitted Maina, Odongo, Singh and Okoyo. He ruled that Osewe and Athmani had a case to answer and put them on their defence.

Mr Ashimosi submitted that the magistrate failed to consider the gravity of the offence and that all the eight accused had a role to play in the alleged grabbing.

“The magistrate erred in law in finding that we had not established a prima facie case on the illegal acquisition and disposal of public property,” said Ashimosi.

“His was a clear contradiction; there is no way you can find the transfer documents were issued illegally and still rule there was no conspiracy.”

Share this story
Current account deficit narrows to four-year low
This means that the country can absorb pressure from importers for the next 6.2 months.
China rejected Kenya's request for Sh32.8b debt moratorium
China is Kenya’s largest bilateral lender with an outstanding debt of Sh692 billion.