The Director of Public Prosecution (DPP) Noordin Haji has dropped a Ksh1.2 billion land fraud case against businessman Jimi Wanjigi, his wife Irene Nzisa and four others for lack of evidence.
While dropping the criminal charges, the DPP informed Milimani Senior Principal Magistrate Bernard Ochoi that there was insufficient evidence to sustain the charges against Wanjigi, his wife and their co- co-accused persons as they were wrongfully prosecuted.
The new development comes after the Haji reviewed the evidence afresh and found that Wajingi and his co-accused person should not have been charged instead they should have been treated as state witnesses in the case.
Haji through James Gachoka told the court that his decision was triggered by a letter from DCI boss Amin Mohammed dated January 27, 2023, requesting him to peruse the file afresh as the witnesses in the case are the ones who had been charged while the suspects where walking free.
The court further heard that currently 11 people have been charged with conspiracy defraud Wanjigi and his wife their land worth Ksh500 million.
They were charged on April 26, 2023, and the DPP claims the businessman and his co-accused person whose charges have been dropped will testify in the case.
Among those charged are Samuel Njuguna Chege, Henry Njoroge Njenga and Valentine Jelimo Kibire.
Following the new twist in the matter, the DPP has urged the court to withdraw the charges against Wanjigi, his wife and their co-accused persons under Section 87 (a) of the Criminal Procedure Code (CPC).
Court frees Wanjigi
Consequently, the magistrate allowed the DPP's request to discharge Wanjigi and his co-accused persons.
Wanjigi, Nzisa, John Nyanjua Njenga and Caroline Njoki, an advocate had been charged with obtaining Ksh56 million from Kenroid Limited, by falsely pretending they were in a position to sell the company a 0.3314-hectare piece of land on General Mathenge Road in Westlands.
Their prosecution was recommended by former DCI boss George Kinoti after concluding investigations to establish the real owners of the land, Grant I.R No.65800 L.R No.1870/II/200, which is claimed by three parties – Aureum Ltd owned by the Wanjigis, businesswoman Cissy Kalunde Musembi and Horizon Hills Limited.