The Director of Public Prosecutions Noordin Haji has withdrawn a case against politician Jimi Wanjigi, his wife and four others who were alleged to have conspired to defraud and obtain Sh56 million.
Milimani Senior Principal Magistrate Benard Ochoi on Tuesday allowed the DPP's application to have the case in which Wanjigi and his co-accused had not pleaded to be withdrawn.
The intended charges were against Wanjigi, his wife Irene Nzisa Wanjigi, Himanshu Velji Dodhia alias Himanshu Velji Prechard Dodhia, Kaneez Noorani, Mohamed Hussein Noorani, Mohamed Hussanali, Kairu Augustine Thuo and John Nyanjua Njenga.
"The court has considered the application by the prosecution for withdrawal of this case, it has been submitted that upon review of the evidence, the DPP has decided to charge 11 other accused persons in a different file and drop the charges against the persons herein, I will therefore allow the application," magistrate Bernard Ochoi said.
The DPP told court that the Directorate of Criminal Investigations reviewed the evidence in the land case and established that the real perpetrators of fraud are other 11 persons who have already been charged.
As a consequence, he advised the DPP to terminate the case against Wanjigi and others. The businessman and his co-accused will now be treated as state witness.
They were allegedly accused of committing the offence jointly on June 21, 2018 at Nairobi city center with intent to defraud and obtained Sh56 million.
The prosecution had also accused them of forging a title Deed for the said land dated July 20,1993 under the name of Horizon Hills ltd.
The withdrawn charge sheet stated that they committed the offence on diverse dates between April 9,2010 and June 5,2018 at an unknown place jointly with others not before court.
They were also accused of forging a Deed plan under the name of Dodhia Foam Ltd purporting it to be genuine and valid Deed plan signed by surveyor Gs Gitau and forging a Grant for the above land under the name of Dodhia foam Ltd purporting it to be genuine and valid Grant issued and signed by commissioner of lands Wilson Gacanja.