MP KALUMA LOSES HIS BID TO HAVE HIS FRAUD CASE MOVED TO ANOTHER COURT MAGISTRATE RULES THAT SHE CAN HANDLE THE MATTER.
Homa Bay MP Peter Kaluma at Milimani Law court today where prosecution is seeking to consolidate his alleged land fraud case facing him and another Wednesday 12/11/2014.
BY SAM ALFAN.
Homabay Member of Parliament Peter Kaluma suffered a blow after his effort to have his fraud case moved to another court for hearing failed.
Chief Magistrate Hanna Ndungu ruled that she is in a position to grasp the issues in the case.
Kaluma and Florence Kibera are accused of conspiring to defraud two business people among them former British attorney George Sphikas of more than 16 million shillings.
Prosecution intends to bring 31 witnesses among them a person residing in Malawi.
Defence lawyers representing the Member of Parliament had told the court that the consolidated case should not be heard by Hanna Ndungu since the matter was before another magistrate.
Prosecution was making an application seeking to consolidate the legislator matter with another matter before the court which they are arguing has the similarities.
“A lot of judicial time has been taken up by this matter that has dragged on for two years now. But the rights of the accused will not be compromised or prejudiced by the consolidation of the matter since there are no fresh charges being preferred”. Said Warui
However the case was adjourned until tomorrow morning after Defence leading senior counsel John Khaminwa requested for adjournment citing personal and confidential issues affecting him that he needed to only clarify while at the chambers.
Homabay MP few months ago pleaded not guilty to three land fraud charges. It is alleged that on diverse date between 26 January and 29 February, 2012, at unknown place within Nairobi jointly with others not before court, offered to sell land parcel No.5892/2 measuring one acre in Karen valued at Shs10million to Deborah Achieng Aduda.
The MP is further accused of obtaining Ksh.313, 000 between February 29 and April 17, 2012 from American attorney Constantine George Sphikas by offering to lease the land to him. He is alleged to have offered the same land for sale to Sphikas for Sh6.9million between February 28 and May 22, 2012.
He denied the three counts before Nairobi Chief Magistrate Hannah Ndungu and was directed to post Sh50, 000 cash bail.
He moved to the High Court and obtained an order blocking the Director of Public Prosecution and the police from arresting and charging him in connection with the case.
One Florence Kibera was enjoined in the case as an interested party. Kibera has in the past been charged with obtaining 16 million by pretending she was in a position to sell Constantine George Sphikas and Deborah Obura a piece of land in Karen.
The matter will proceed tomorrow morning where the court is expected to make it ruling on an application made my prosecution seeking to enjoin the two matters.