Six people including ex-magistrates Abdulkadir Elkindy and Moses Osewe put on their defense for ‘defrauding’ Miwani Sugar Company Sh2.3b, High Court rules:
High court has ruled that all the accused persons charged with defrauding Miwani Sugar Company of land worth 2.3 billion shillings be put on their defense.
While setting aside orders of the magistrate court that put two suspects on trial and acquitted seven others the court ruled that the evidence on record was sufficient to require placing all the accused on their defense not just the 4th and 8th accused.
l find the evidence against all the accused nine accused was sufficient in my view to offer an explanation on their defense. I find and hold that all accused person 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 land worth Sh2.3 billion.
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.