Former Central Bank of Kenya Governor Nahashon Nyagah has suffered a major legal setback.
High Court Judge Joseph Onguto on Tuesday rejected his request to have the Director of Public Prosecutions (DPP) compelled to produce an appraisal on a recommendation for the prosecution of his opponents in the Sh8 billion Tatu City investment.
In a terse ruling, Justice Onguto dismissed an application by city lawyer Nelson Havi for Mr Nyagah and his co-petitioners, saying investigations were yet to be concluded after two groups of investigators filed conflicting findings.
The judge scoffed at allegations that the DPP was a stumbling block in the cases pitting the foreign shareholders and their local counterparts led by Mr Nyagah over the ownership and control of the real estate development company.
The ruling paves the way for the hearing of a petition in which Mr Nyagah and lawyers Havi and Michael Osundwa, among others, are challenging their prosecution in relation to the alleged fraudulent transfer of shares of a subsidiary company in the Tatu City ambit.
PROTRACTED COURT CASE
They had accused the DPP of acting under the influence of Senior Counsel Ahmednasir Abdullahi, who represents Mr Stephen Armstrong Jennings and Mr Robert Reid in the protracted court case, a claim the judge dismissed as unfounded.
The petitioners asked the court to dismiss Mr Abdullahi from the proceedings on grounds that he had been publishing prejudicial articles.
“The applicants did not state what right will be violated, nor did they show they had requested for information from the DPP,” the judge said.
He added that the applicants were using the information they were seeking.
The matter revolves around two conflicting reports from forensic investigators. One recommends the prosecution of the petitioners and the other charging of the foreigners.
State Counsel Edwin Okello, in a rejoinder, had told the court that the delay in the cases was brought about by the two conflicting findings that gave rise to the “need for a further inquiry through the multi-agency team”.
The case will be mentioned on December 19.