REPRIEVE FOR JIRONGO AS SUPREME COURT STOPS FRAUD CHARGES.

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Former Lugari MP Cyrus Jirongo before Nairobi Magistrate Court on Thursday August 15,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Former Lugari MP Cyrus Jirongo can now breathe easy after the Supreme Court suspended his criminal case, which is pending before a Milimani Magistrate court.

Supreme Court Judges included Chief Justice David Maraga, Mohamed Ibrahim, Smokin Wanjala and Jackton Ojwang, the court said the criminal case stands halted, pending the determination of the case.

“We hereby grant stay of the appellate court’s decision in civil appeal No. 43 of 2017 and No. 48 of 2018 , of July 19,2019 pending hearing and determination of the appeal , which is to be conducted on the basis of priority”, ruled the supreme court judges.

Jirongo through lawyer Danstan Omari told Milimani Chief Magistrate Franci Andayi that the Supreme Court had suspended the proceedings against the former legislator before the trial court.

The former MP is accused of giving false information linking the Moi’s son to a Sh50 million land fraud dispute. He is alleged to have committed the offences between 1992 and 2015.

The charges against the former MP relates to a sale agreement in relation to land Nairobi LR No. 209/ 11151 situated at Upper hill at the corner of Elgon road.

Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.

He his out on cash bail of 200,000 after was charged in August with several counts, among them fraud and forgery.

The charges were ready in 2016, but he moved to the High Court and obtained orders stopping his prosecution.

The order quashing the criminal case was issued by Justice George Odunga on January 11, 2017.
Later the Director of Public Prosecution filed an appeal, terminating the charges.

Appellate judges Justice Alnasir Visram, Otieno Odek and Wanjiru Karanja later set aside the High Court decision in July this year.

The judges directed that Jirongo should be charged with criminal offence.

In their view, the three judges said Justice Odunga did not evaluate the affidavit evidence of the investigating officer, which was before him.

“The judge ought to have considered the allegation of fraudulent acquisition and transfer of property held by businessman Sammy Kogo and his wife Antonette Boit” they observed in their judgement.

They said that the court interfered with the prosectorial mandate of the DPP to make decision to charge or not charge an individual.

“The judge arrived at a conclusion without considering evidence on record” the appellate judges said.

Jirongo is alleged to have forged signatures and documents relating Soy developers to secure an overdraft f Sh 50 million from Post Bank Credit limited.

The tittle deed belonged to a parcel of land owned Kogo together with his wife Boit.

The DPP through Frederick Ashimosi, had told Justice Odunga, that the documents presented to Post Bank Credit limited by Jirongo to secure a loan facility were forged and purported to have been signed by Kogo and his wife to transfer the suit land located at Nairobi’s Upper Hill to Jirongo.

He said that DPP recommended for the prosecution of Jirongo upon completion of investigation over complaint made by Kogo concerning his property which had been fraudulently used to secure a loan by Jirongo in 1992, who held himself as director of Soy developers limited.

The court heard that upon securing the loan Jirongo defaulted repayment leading the bank to sale the property through public auction.

Kogo was allocated the suit land 1989 and in 1991 he entered sale agreement with Jirongo for the purchase of the property at considerable price of Sh 20 million in which he paid Sh 10 million.

Ashimosi said the criminal case brought against Jirongo is not malicious on the part of the DPP, fraud was established during the investigation over the complainant raised by Kogo.

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