SUSPENDED Lands Cabinet Secretary Charity Ngilu wants the High Court to suspend a criminal case against her. Ngilu has been charged with obstructing investigations into the Sh8 billion Karen land scandal.
Under a certificate of urgency, Ngilu and six other officials from the Lands ministry say the Ethics and Anti-Corruption Commission is not constitutionally, legally and properly constituted. She says it lacks the legal and constitutional mandate to conduct investigations and recommend prosecutions.
Ngilu was charged on June 19. She says to charge her and her co-accused who have given evidence before the Environment and Land Court is a clear abuse of the legal process calculated to intimidate, pre-empt and influence the outcome of the case. Through lawyer Kioko Kilukumi, Ngilu says the land is private hence does not fall within the jurisdiction of the EACC to investigate.
She says the land is currently at the centre of a court dispute pending before the High Court between private persons claiming ownership.
“My prosecution is a ploy meant to pre-empt and influence the outcome of the dispute and to further intimidate and alter my co-accuseds’ testimony before the Environment and Land Court,” she says.
According to court documents, the directorate of criminal investigations did not find Ngilu’s wrongdoing in connection with the land. The case will be heard next Tuesday.