A Nairobi court has ruled that controversial businessman Elius Kemboi Korir should not plead to new fraud charges levelled against him.
Chief Magistrate Susan Shitubi ruled that the orders of the High Court prevail since the accused person had obtained orders barring his arrest and prosecution.
The magistrate also ruled that the prosecution misled the court by claiming there a warrant of arrest against the accused person.
The prosecution had told the court that Korir had been produced in court under a warrant of arrest.
However, his lawyers denied the allegations of warrants saying the High Court had issued orders on the same.
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At the time, Korir, who is facing other charges had been arraigned in court to face new fraud charges.
After pleading not guilty to charges of conspiring to defraud Impala Reel Company Limited over Sh 44 million, the prosecution told the court there was another new case in which Korir was to be charged.
This led his defense team to oppose the new charges on grounds of existing orders of the High Court.
Korir is charged alongside his company, Vutaride Company Limited with conspiring to defraud Impala Sh 44,370,000 jointly with others not before court.
It is alleged that he committed the offense on diverse dates between 1st February 2022 and 1st April, 2022 at Vutaride Limited office in Westlands, Nairobi.
The accused is also charged with obtaining goods worth over Sh 8 million by false pretenses.
According to the charge sheet, Korir obtained 500 litres of Pramitol 2SE worth Sh 8,250,000 from Impala Reel Company Limited by falsely pretending that it was a genuine supply contract, a fact he knew to be false.
The prosecution opposed his release on bail on grounds that he is a flight risk.
A ruling on the bail opposition will be delivered on 23rd December 2024.
A mention regarding the new file will be on 29th January 2025.
