The High Court has ruled that all the suspects charged with defrauding Miwani Sugar Company of land worth Sh2.3 billion be put on their defense.
While setting aside orders of the Magistrate’s Court that put two suspects on trial and acquitted seven others, the High Court ruled that the evidence on record was sufficient to require placing all the accused on their defense, and not just the fourth and eighth accused.
“l find the evidence against all the nine accused was sufficient in my view to offer an explanation on their defense. I find and hold that all accused persons before the Chief Magistrate, including the five respondents before this court should have been placed on their defense and l so direct,” court directed.
In the case, the Director of Public Prosecutions appealed a court decision to acquit four suspects charged with defrauding the Sugar Company of the Sh2.3 billion land.
Kibos Sugar Factory Chaiman Sukhwinder Chatte, Ian Maina, Philip Odongo, Epanaito Okoyo, were acquitted by Kisumu Chief Magistrate Julius Ng’arng’ar.
They had been jointly charged alongside former magistrate Adulakadir Elkindy and Moses Osewe with conspiracy to defraud Miwani Sugar Company of 9,394 acres of land between May 21, 2007 and January 30, 2008.