The High Court has granted orders prohibiting the state from filing criminal proceedings against a city lawyer in connection with the Ksh1.5 billion land in Embakasi, Nairobi, owned by a business linked to Deputy President Rigathi Gachagua.
A ruling issued by Justice Mugure Thande barred the Director of Criminal Investigations (DCI), Inspector General of Police (IG), Director of Public Prosecutions (DPP), and Attorney General from arresting or charging lawyer Moses Abongo Owour in relation to the disputed land.
“A conservatory order restraining the DCI, IG, DPP and AG, either by themselves or through their agents, employees, officers, representatives or any other person acting on their behalf from summoning, causing the apprehension of the lawyer Owour and/or proceeding to prefer criminal charges against the advocate in Milimani Chief Magistrates Courts, Criminal Case No. E424 of 2023 and/or any further proceedings in any court in relation to the dispute over Property Title No. L.R. NO. 209/12077,” Judge Thande ordered.
The alleged owner of the land, Ohas Otieno, a director of Columbus 2000 Limited is battling with Gachagua’s firm Wamunyoro Investment Limited over the ownership of the multi-billion property.
Ohas and Bernard Abere Ogechi and their lawyer Owour were expected to be charged on Thursday, June 29 before Chief Magistrate Lucas Onyina with seven counts of conspiracy to defraud Gachagua of his land worth Ksh1.5 billion but the bid to have them prosecuted was halted by Justice Thande on Tuesday, June 27, 2023.
