BY SAM ALFAN.
A Nairobi court has allowed the Director of Public Prosecution Noordin Haji to withdraw charges against a city lawyer accused of altering a report on the controversial construction of Sh1 billion complex for MultiChoice Kenya.
Milimani Senior Principal Magistrate Ondieki allowed the DPP to withdraw the case against lawyer Lavender Lucky Waindi, who was among people charged conspiracy to defraud MultiChoice Kenya.
The charges stated that they intentionally altered the structural integrity investigation report on a proposed construction of an office block for the company.
The court heard that the decision to withdraw the charges against the advocate was made after perusing documents relating to the case.
“A review has been done and upon perusal documents and I have instructions to withdraw of the charges against the 4th accused person (Lavender Lucky Waindi) under section 87(a) of the Criminal Procedure Code (CPC),” prosecutor Bange told the court.
The defense team did not oppose the application to withdraw by the DPP.
“The 4th accused is discharged under section 87(a) of CPC and the cash bail to be released to the depositor,” ruled Magistrate Ondieki.
The withdrawal of the charges came after the accused persons including Wilson Munyu Karaba, Stanley Kibathi, an architect, Waindi and Eugene Kariuki Muchemi obtained a court order suspending their trial.
Justice Jairus Ngaah had blocked the trial, pending the determination of an application by the accused persons, challenging their prosecution.
“Leave is hereby granted as prayed. Leave shall also operate as stay of the criminal proceedings against 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.
The accused persons are alleged to have altered a structural Integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd.
It alleged that they committed 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.
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 demages from Cementers’ ltd.
Waindi was accused of inciting Muchemi to extract part of the report that was to be presented to Cementers ltd, an offence she allegedly committed on April 6, 2017 at an unknown place.
The charge sheet further said 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.
