A bid by a company associated with Deputy President Rigathi Gachagua to have a lawyer and a city businessman charged with conspiracy to defraud a Sh1.6 billion land situated in Embakasi Nairobi has flopped.

Milimani Chief Magistrate Lucas Onyina stopped the criminal prosecution of lawyer Moses Abongo Owuor and Ohas Otieno, a director of Columbus 2000 Limited, which is battling with Gachagua’s firm Wamunyoro Investment Limited over the ownership of the multi-billion shilling property.

Wamunyoro Investment Limited is owned by Gachagua and his wife Dorcas who are listed as witnesses in the criminal case against Owuor and Otieno.

Declining to have Owuor and Otieno answer to seven charges of land fraud, Onyina said no prejudice will be suffered if the plea differs.

The magistrate allowed an objection by Owuor and Otieno through lawyers Elisha Ongoya, Apollo Mboya and Ezekiel Munyua to have the duo prosecuted saying it is a ploy by Gachagua to frustrate the hearing of a High Court case relating to the ownership of the land in dispute.

“In order to be fair to both sides, l allow the plea deferral until June 29. I issued a summons to Bernard Abere Ogechi, the second accused person to attend court. Owuor and Otieno are hereby freed on a personal bond of Sh1 million without a surety,” Onyina ruled.

Arrested

The defence had opposed the DPP’s move to charge Owuor and Otieno saying it was unconstitutional and violated their rights.

They accused Gachagua of intimidating, frustrating and attempting to silence the lawyer and Otieno not to testify in the case scheduled for next week.

Owuor was arrested at the Milimani Law Courts basement cells on Friday morning when he went to seek instructions from Otieno who had been arrested and was scheduled to take plea before Onyina.

Owuor was informed by police at the court’s basement cells that his name also appeared in the charge against his client Otieno and Abere who remains at large.

Owuor protested the manner of his arrest, blaming Gachagua for the incident.

“The Deputy President is interested in adjourning the case next week. To get that adjournment by locking up and intimidating the advocates for the parties, in that case, is a classic teaching aide for abuse of the court process, “ defence lawyers Ongoya and Mboya said.

Sole witness

The lawyers urged the magistrate not to allow his court to be used by Gachagua to interfere with a High Court case in which a company associated with him is claiming ownership of land in dispute.

Gachagua is listed as the sole witness in the High Court case for Wamunyoro Investment Limited while Otieno is a witness for the other party. Both parties are expected to prove ownership of the Sh1.5 billion case.

Presenting a letter to the court, Ongoya said Gachagua had been summoned to appear in court to testify in the land court to prove ownership of the land parcel in dispute.

In the letter dated June 16 to the law firm of Owuor and the Attorney General’s office, Nyachoti says Gachagua who is the only witness will not be able to attend court.