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The Court of Appeal has upheld the decision of High Court which stopped the prosecution of Kenya ambassador to Belgium Bitange Ndemo in the Sh179 million case involving the purchase of Konza City land.

Justices Hannah Okwengu, Jamila Mohammed and Fatuma Sichale ruled that High Court judge Roselyne Aburili did not err in finding that the Directorate of Public Prosecutions abused its constitutional and statutory mandate for recommending the prosecution of the former Information PS.

The High Court judge had ruled that charges against Ndemo were an abuse of the court process and discriminative and thereby terminated them.

Ndemo had been charged with the offense of willful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony.

He was charged alongside former Machakos Senator Johnstone Muthama, former Lands Commissioner Zablon Mabea, Malili directors Julius Kilonza and Julius Nzyuko and National Police Service Commissioner Ronald Musengi.

Ndemo had been charged after Senior Counsel Paul Muite who had been appointed as a Special Prosecutor had recommended his prosecution.