BY SAM ALFAN.
A Nairobi Court has declined an application for withdrawal of charges against a Chinese businesswoman who has been charged alongside her husband in a multibillion scandal.
Anti-corruption court magistrate Kagure Nyutu dismissed the application by the Director of Public Prosecution Noordin Haji, seeking to drop charges against Zhang Jing saying there was no new material that informed Haji’s decision to withdraw the charges against her.
“I am, therefore not convinced that there is new material that informed the dropping of changes against her as contrasted with other accused persons with similar circumstances to her,” ruled the Magistrate Nyutu.
She said all these letters dated far back as 2013 which documents were in the possession of the DPP.
Haji sought to withdraw the charges against Zhang but the magistrate ruled that she was not convinced that the DPP discovered recently, that the accused person had lesser shares than her husband John Zeyun Yangu in Erdemann property ltd.
The Magistrate added that the documents they attached in the application including the business registration service, dated 19th of August, 2019, proved otherwise
“This was long before this case took off. The first witness was heard on the 21st of November, 2022. The DPP has annexed documents to demonstrate that Zhang was the active director in affairs of Erdemann Properties ltd,” she said.
Zhang was charged alongside others with various offences relating to the development of Lake Basin Development Authority Lower Kanyakwar phase one project in Kisumu.
Five witnesses have testified and prosecution is yet to close its case.
The DPP said upon review of the evidence and issues raised by the accused, and which was not available at the time of charging, he had established that her role was limited to being the director of Erdemann Property Ltd and did not play an active role in the transactions.
He said Zhang is a minor shareholder in Erdemann Property Ltd and that her status as a director should not be the only consideration informing her prosecution.
The court heard that it was the husband who executed all the agreements including a deed of variation of form of agreement dated 17th of February, 2015 and Legal charge dated 13th of March, 2014 of a title land reference number 15239 (IR150443) to secure advances made to Erdemann Property Limited of Sh1.2 billion.
The DPP said the documents she executed were not adequate to sustain the case against her, while on other hand, it was John Zeyun Yang, who was the active director involved in the day-to-day affairs of Erdemann Property Ltd.
“As such, it is a considered view of the DPP that accused number 10 should be held accountable to the commissions on the default of accused number 11 that’s Erdemann Property Ltd,” court heard.
The DPP submitted that the evidence available does not demonstrate that she authorized, permitted, participated, or failed to take all reasonable steps to prevent the commission of the offenses before court.
Despite indications from the defence counsel and counsel watching brief for EACC that they would put in responses to the application, none did.
Zhang is facing charges allonsgide members of the Board of Directors Lake Basin Development Authority, proprietor of Quantech Consultancy directors over allegations that they led to the loss of Sh4.5 billion.
The charges stemmed from the construction of LBDA Mall in Kisumu which comprised a retail mall at Kanyakwar Kisumu.
Other accused persons are Peter Aguko Abok, George Onyango Oloo, John Zeyun Yang, and Erdemann Property Limited.
