Former Information permanent secretary Bitange Ndemo before Nairobi Anti-Corruption where he is was charged with the offense of willful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony (FILE PHOTO).
BY SAM ALFAN.
High Court has stopped the prosecution of former Information permanent secretary Bitange Ndemo in the Sh179 million cases involving the purchase of Konza City land.
Justice Roselyn Aburil ruled that charges against Mr Ndemo were an abuse of the court process and discriminative.
The learned judge further concurred with Ndemo that he was used as a sacrificial lamb to shield the real suspects.
The former PS had moved in the High Court in April to stop his prosecution, claiming that it was based on malicious intent.
He had also argued that he was charged based on information found after the Director of Public Prosecutions had closed his file.
But the DPP had opposed his application claiming that evidence gathered proves that Ndemo fraudulently benefited from the illegal transaction.
Dr Ndemo was charged with the offense of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony.
Justice Aburili was told that it was clear from his statements and police investigations on the role he played in the transaction that he knew was unlawful and irregular.
He had denied charges of willful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony in September 2014.
The offences were allegedly committed on June 7th 2009 at Teleposta through the signing of an agreement for the purchase of 5,000 acres from Malili Ranch Limited.
The former PS was accused alongside Machakos Senator Johnstone Muthama, former Lands Commissioner Zablon Agwata, Malili directors Julius Kilonza, Julius Nzioku and the National Police Service Commissioner Ronald Musengi.
