The High Court has temporarily stopped the prosecution of four people charged with conspiracy to defraud Multichoice Kenya Limited.
This is after the four, Wilson Munyu Karaba, Stanley Kibathi, city lawyer Lavender Lucky Waindi and Eugene Kariuki Muchemi filed a judicial review application seeking to quash the criminal charges against them.
Justice Jairus Ngaah stopped their prosecution pending the hearing and determination of the suit.
“Leave is hereby granted as prayed. The leave shall also operate as a stay of the criminal proceedings against the applicants in Milimani Chief Magistrates Criminal Court Case No. E007 of 2022 pending the hearing and determination of the substantive motion or until further orders or directions as this Court may deem appropriate to make,” ruled Justice Ngaah.
The four are accused of intentionally altering the structural Integrity investigation report on a proposed construction of an office block for Multichoice Kenya.
The trial court heard that on diverse dates 1st February and 30th April 2017 at unknown place, being the directors of Interconsults Engineers ltd, Connapex Structural and Civil Engineering, SK Archplans and head of legal at MIH East Africa respectively, they jointly altered structural Integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd.
READ:interconsult-engineers-ltd-director-six-others-charged-with-fraud
The report was allegedly altered to favour Connapex against Cementers Limited and to demand demurrage from them.
Waindi is accused of inciting Muchemi to extract part of the structural Integrity Investigation report that was to be presented to Cementers Ltd on 6th April 2017.
Muchemi is also accused of knowingly and fraudulently uttering a false structural integrity investigation report purporting it to be genuine. He further faces another charge of making false reports.
The four are currently out on bail.
