The Director of Public Prosecutions (DPP) Noordin Haji has requested for withdrawal of a Sh 500 million contoversial land in Karen.
For the second time Haji, through Senior Assistant Director of Public Prosecutions Edwin Okello wants the case withdraw on ground that the prior investigations were inconsistent and that the available evidence needs a review
The case pities Lawyer Guy Spencer Elms and a Nairobi business woman Agnes Kagure who is the complainant.
Kagure has accused Spenser of forging the Will of his client the late Roger Bryan Robson who died on August 8, 2012.
She further claims that the deceased sold her the land in 2011 before he died, for Sh100 million in cash.
This is the second time the prosecution has requested the withdrawal of the case.
They had previously said that they received new evidence from the persons who were supposed to record statements.
Through her lawyer Karathe Wandugi, Kagure however opposed Haji’s move saying that his client was the victim in this case.
“Haji does not have an open book to commence and disrupt cases arbitrarily and more so in this case where the office had not provided proper reasons for the withdrawal application,” said Wandugi.
In response to Wandugi’s application, Okello noted that according to Article 157(10) and (11) of the Constitution it is well within DPP’s powers to review the provided evidence for this case saying the office had already given reasons for the same.
“Haji only needs permission of the Court under Article 157(6) of the Constitution to facilitate exercise of his powers under Article 157(11) of the Constitution to guard against abuse of legal process, fair administration of justice and public interest,” said Okello.
Spencer’s legal team Odero Osiemo, Shah Advocates and Litoro Advocates said they they fully supports Haji’s move as the case has dragged on for so long without any incriminating evidence.
Robson, who died on August 8, 2012, is alleged to have authorized the sale of property and directed that the proceeds be used to support his nephews,needy children and in environmental conservation.
The ruling for this matter will be made on March 20, 2019