The High Court has dismissed an application by National Police Service Commissioner Ronald Musengi, seeking to block his prosecution over involvement in the fraudulent sale of a 5-acre piece of land in Malili.
Justice George Odunga who heard the application however directed that once Musengi has taken the plea before the Magistrates court on Friday, he along with the Inspector General David Kimaiyo, Director of Public Prosecutions Keriako Tobiko and Director of Criminal Investigations Ndegwa Muhoro should appear in court on September 18 for an inter-parties hearing.
Musengi had moved to the High Court to stop the criminal proceedings for which he and nine others are to appear before the Magistrates Court on Friday on the grounds that a police report had cleared him of culpability in the sale of the land.
Musengi told Justice George Odunga that it was suspicious for his name to still be in the police report handed over to Tobiko, yet the police had cleared him of involvement. In dismissing his application Odunga directed Musengi to appear before the Magistrate’ court tomorrow to take a plea.
Musengi is one of 10 people, including Senator Johnstone Muthama, former Information PS Bitange Ndemo, former Lands Commissioner Zablon Mabea, and members of the Information and Communications Ministerial Tender Committee, who are to be prosecuted for the questionable dealings that led to the loss of Sh179 million in the sale of the Malili Ranch.
Lawyer Kamotho Waiganjo and Law Society of Kenya chairman Eric Mutua, who have been adversely mentioned in the transactions, have been spared recommendation for prosecution.
In May, 66 former shareholders complained to the CID that they had not received their money even after the government had taken possession of Malili.
– the-star.co.ke
