BY SAM ALFAN.
The High Court has temporarily stopped the prosecution of four people charged with conspiracy to defraud MultiChoice Kenya.
The four had been accused of intentionally altering the structural Integrity investigation report on a proposed construction of an office block for the company.
Justice Jairus Ngaah blocked of Director of Public Prosecution Noordin Haji from proceedings with the prosecution against Wilson Munyu Karaba, Stanley Kibathi, an architect ,city lawyer Lavender Lucky Waindi and Eugene Kariuki Muchemi.
The four had been presented before Milimani Chief Magistrate Court and denied the charges.
They, however, moved to the High Court and managed to suspend the trial, pending the determination of their petition.
“Leave is hereby granted as prayed. Leave shall also oprate as stay of the criminal proceedings gainst the applicants in Milimani Chief Magistrates Criminal Court Case No. E007 of 2022 pending the hearing and determination of the substantive motion or until further orders or directions as this Court may deem appropriate to make,” ruled Justice Ngaah.
According to the charge sheet produced in court by the DPP, they are accused of altering structural Integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd.
It alleged that they commited the offence on diverse dates February 1 and April 30, 2017 at unknown place being the directors of Interconsults Engineers ltd, Connapex Structural and Civil Engineering, SK Archplans and head of legal at MIH East Africa respectively, they jointly
The office block was to be constructed on plot Number L.R NO. 3734/421 and that they allegedly altered the report dated February, 2017 to favour structural Engineer against cementers’ ltd and to demand demurrages from Cementers’ ltd.
Waindi is accused that on April 6, 2017 at an unknown place, she incited Muchemi to extract part of the structural Integrity investigation report that was to be presented to Cementers ltd.
The prosecution says that in February, 2017 at unknown place, Muchemi knowingly and fraudulently uttered a false structural integrity investigation report purporting it to be genuine structural Integrity investigation report.
He further faces another charge of making false reports. The court directed him to appear to present himself in court and plead to the charges.
The three accused persons were released on a bond Sh300, 000 or alternative cash bail of Sh100, 000.
