The Director of Public Prosecutions Noordin Haji has appealed a court decision to acquit four suspects charged with defrauding Miwani Sugar Company of land worth Sh2.3 billion.
Sukhwinder Chatte, Ian Maina, Philip Odongo, Epanaito Okoyo, were acquited by Kisumu chief magistrate Julius Ng’arng’ar.
They had been jointly charged alongside former magistrate Adulakadir Elkindy and Moses Osewe with conspiracy to defraud Miwani Sugar Company of 9,394 acres of land between May 21, 2007 and January 30, 2008.
While acquitting the four, the judge ruled that Abdulkadir Elkindy and Moses Osewe had a case to answer and put them to their defence.
The two also face various counts with Elkindy charged with abuse of office while Osewe accused of willfully failing to collect land rates.
But the DPP through prosecutor Frederick Ashimosi Shitambasi now wants the four charged afresh even though Ng'arng'ar ruled that the prosecution had failed to prove the case beyond a reasonable doubt.
Before Justice Ngugi Mumbi on Monday, the prosecution expressed confidence that the appeal was arguable and had a reasonable chance of success.
However, in an affidavit, Chatte rejected the appeal application.
He said that the application was bad in law, misconceived at the same time was an abuse of process of the court according to sections 356 and 357 of the Criminal Procedure Code.
The Judge directed that the hearing of the case to begin on July 25 before the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi.
One other suspect who was implicated in the crime however passed on before the case could be concluded.
A total of 30 witnesses testified in the case with a former judge claiming that her signature was forged to facilitate the alleged illegal transfer.
(edited by O. Owino)
