BY SAM ALFAN.
Director of Public Prosecution has applied for disqualification of lawyer Alphonse Mutinda from representing one of Malili Ranch limited director.
DPP through Senior Prosecutor James Warui Mungai said Mr Mutinda is a prosecution witness and he recorded statement before the charges were brought in Court.
He argued Mutinda was instructed by some of the shareholder to file a suit stopping the transfer of portion of land which is subject in this case.
“Mutinda filed a case and got a stay. If he continue appearing for the accused person 5, there will be serious conflict of interest” Said Warui.
He further said if Mutinda continue representing Julius Mbau Nzyuko , he will compromise prosecution case since he will be listening to other witness.
Mutinda didn’t oppose prosecution application saying the other lawyer will proceed with the matter.
“It is true I recorded statement and if prosecution want to call me as witness, I have no problem” said Mutinda.
The four suspects have been charged afresh in connection with the loss of I billion shillings in the sale of a 5,000-acre Malili ranch.
The four men –David Ndolo Ngilai, James Kituku Munguti , Leornard Kyania Kitua and Julius Mbau Nzyuko pleaded not guilty to defraud Malili Ranch Limited by fraudulently causing the property of Malili Ranch Limited to be sold at 1 billion shillings to the Government of Kenya Ministry of Information and Communication without the shareholders Resolution.
Thy also pleaded not guilty to stealing of over 5 million shillings being the sale of the said ranch.
David Ndolo Ngilai a director of MALILI Ranch was also charged with breach of trust.
Through their lawyer the suspects asked the court to adjourn the matter saying that the there are new charges and they need time to read the charges.
“Your honor the charges introduces new offences and the figures have change from 179 million shillings to 535 million shillings, “defense submitted.
The prosecution did not oppose the application to have the matter adjourned.
Trial magistrate Lawrence Mogambi said that the matter should be heard on a priority basis and directed that the hearing kicks off on the 19-20 of June 2017.
“The application for adornment is merited “court ruled.
Former Permanent Secretary Bitange Ndemo, Machakos Senator Johnstone Muthama and former senior Lands officer, Zablon Mabea had been charged in relation to the sale of the Ranch but challenged their prosecution at the high court and the charges against them were dropped