Dickens Wasonga @PeopleDailyKe
Seven suspects in the Sh2.3 billion Miwani Sugar Company land fraud case were acquitted yesterday for lack of evidence.
The anti-corruption court in Kisumu, however, ruled that two suspects in the case which has dragged on for eight years, have a case to answer.
Former magistrate Abdulkadir Elkindy was put on his defense on two counts of abuse of office while Moses Osewe, a revenue officer at the then Nyando County Council, has a case to answer for neglect of official duty by a public officer.
Those acquitted of various charges by Chief Magistrate Julius Ngarngar include Kibos Sugar and Allied Companies chairman Sukwinder Chatte, Ian Mawa and Odongo Katiba. Others are John Kimani (deceased), Kefa Atunga, Epainto Okoyo and Crossley Holdings Limited.
All the nine had been charged with conspiring with the intention to defraud Miwani Sugar Company of property valued at Sh2.32 billion between May 21, 2007 and January 30, 2008.
While acquitting the seven of the charges Justice Ngarngar accused the Ethics and Anti-Corruption commission of doing a shoddy job in investigating the cases. “The investigating officers failed to cover very obvious issues to prove the charges,” Justice Ngarngar said. Thirty witnesses testified in the case.