The Court of Appeal has upheld a decision by the Magistrate's court in Kisumu that acquitted four people implicated in the illegal sale of a land worth Sh2.3 billion belonging to state-owned Miwani Sugar Company.
Appellate Judges Asike Makhandia, Patrick Kiage and Jamila Mohammed said the evidence on record before the trial Magistrate Julius Ng’arng’ar. left great doubt as to the proof of the offence charged.
“There was not laid before the court evidence which, unless controverted, would be sufficient to establish the elements of the offences,” they ruled.
The four- Odongo Phillips Kabita, Sukhwinder Singh Chatte, Epainto Apondo Okoyo- led by lawyer Ian Gakoi Maina, had been acquitted in 2019 but the High Court reversed the magistrate's decision and directed that the accused be placed on their defence.
