Former Lands CS Charity Ngilu got a reprieve after an agreement was entered before the court that a criminal charge against her in relation to Sh8 billion Karen land saga be terminated.
She had been charged with the offence of obstructing investigations.
The former CS and the state law office entered a consent, which was recorded as a court order, before appeal judges Alnashir Visram, Wanjiru Karanja and Jamila Mohammed. In the consent, it was agreed that even the appeal lodged by Ngilu is marked as settled.
It was agreed that the criminal case against her at the chief magistrates court be terminated and the cash bail she deposited be refunded.
Also agreed on, is that Ngilu will not pursue any claim against the office of the Attorney General, the DPP or the Ethics and Anti-Corruption Commission.
The charge sheet at magistrates court indicates that Ngilu allegedly hindered the EACC from collecting evidence regarding fraudulent acquisition of the land by instructing officials at the Lands ministry not to release documents or record statements.
She tried to block the case at the lower court by going to High Court, but this was unsuccessful. When she did not manage to stop it at High Court, she appealed.
Communication from the office of the DPP said the former CS requested for termination of the charges.
And in response to her request, the DPP wrote a letter dated March 2 this year in which he indicates he wrote to the EACC, seeking their position regarding her request for termination of the charges.
It said that after re-evaluation of evidence on record touching on Ngilu, they are now persuaded that the evidence may not sustain the charges as currently framed and therefore amenable to having proceedings against her terminated.
“In light of the EACC position and based on our own review of the matter we are prepared to re-consider our earlier decision to charge Charity Ngilu and to have the charges against her terminated,” reads the letter from DPP in part.