Director of Public Prosecutions (DPP) Noordin Haji has appealed Sh2.3b Miwani Company land case.
Haji has faulted the court for acquitting suspects linked to the defrauding of the defrauding Miwani Sugar Company.
On Monday, Haji asked the High Court to re-open the cases of the suspects as he seeks to unmask the persons behind the loss of the billions.
He has insisted that he has enough evidence linking the suspects to the saga.
Through State prosecutor Fredrick Ashimosi, Haji said setting the suspects free puts the firm at the risk of collapse when they were directly involved in deals that saw the firms suffer such massive losses.
The suspects in the fraud are Abdulkadir Athman John Kimani, Ian Maina, Moses Osewe, Kefa Atunga, Sukhwinder Singh, Epainito Okoyo and Philips Odongo.
In his ruling, Kisumu Chief Magistrate Julius Ng’arng’ar acquitted Odongo, Maina, Singh and Okoyo of the charges leveled against them.
“The magistrate made a mistake in acquitting the accused on grounds that there was no proof the 9,394 acres belonged to Miwani Sugar Company when it was clear from the evidence that the title was registered in the company’s name,” read part of the statement as quoted by Standard.
The suspects were arraigned in court for reportedly colluding with the aim of defrauding the miller.
They reportedly hived off a piece of land before transferring the same to Crossly Holdings Limited through the assistance of senior officials from the firm.
The court also ruled that Osewe and Athmani had cases to answer after being brought forth. Haji has insisted that the Magistrate erred when giving the ruling.