A Nairobi court has terminated a Sh.50 million criminal case against former Lugari Member of Parliament Cyrus Jirongo.
This comes following a Supreme Court order barring his further prosecution over a fraud forgery case allegedly committed 24 years ago.
Chief Magistrate Francis Andayi terminated the charge under section 89 (5) saying the charges were defective.
“In the circumstances, I find that the proper section to terminate the charges is section 89 (5) where the charges should have been found to be defective as they ought not to have been filed against him in the first place,” he ruled.
Through state counsel Angela Fuchaka, the prosecutions said they were withdrawing the matter under section 87A.
“Going by the directions of the Supreme Court, l withdraw this case under section 87 A of the CPC,” said Fuchaka.
The former MP was charged in 2016 for allegedly giving false information linking the Moi’s son to a Sh.50 million land fraud dispute.
Jirongo is alleged to have committed the offences between 1992 and 2015.
He is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.
The order quashing the criminal case was issued by Justice George Odunga on January 11, 2017.
Later the Director of Public Prosecution filed an appeal, terminating the charges.
In July 2019, the appellate judges Justice Alnasir Visram, Otieno Odek and Wanjiru Karanja later set aside the High Court decision.
The judges directed that Jirongo should be charged with criminal offence stating Justice Odunga did not evaluate the affidavit evidence of the investigating officer, which was before him.
“The judge ought to have considered the allegation of fraudulent acquisition and transfer of property held by businessman Sammy Kogo and his wife Antonette Boit” they observed in their judgement.
They said that the court interfered with the prosectorial mandate of the DPP to make decision to charge or not charge an individual.
The DPP through Frederick Ashimosi, had told Justice Odunga, that the documents presented to Post Bank Credit limited by Jirongo to secure a loan facility were forged and purported to have been signed by Kogo and his wife to transfer the suit land located at Nairobi’s Upper Hill to Jirongo.
He said that DPP recommended for the prosecution of Jirongo upon completion of investigation over complaint made by Kogo concerning his property which had been fraudulently used to secure a loan by Jirongo in 1992, who held himself as director of Soy developers limited.
The court heard that upon securing the loan Jirongo defaulted repayment leading the bank to sale the property through public auction.
Kogo was allocated the suit land 1989 and in 1991 he entered sale agreement with Jirongo for the purchase of the property at considerable price of Sh.20 million in which he paid Sh.10 million.