Former National Social Security Fund boss Jos Konzolo. Konzolo and five others could be freed after a typing error occurred in a Supreme Court ruling that acquitted former Lands CS Charity Ngilu. [PHOTO/nation.co.ke]
Six suspects in the controversial Karen land grabbing case could be freed owing to a typing error in a Supreme Court ruling on their case.
In a ruling that set free former Lands CS Charity Ngilu, former National Social Security Fund managing trustee Jos Konzolo, Sara Mwenda, Pauline Gatimu, Mark Muigai, Macmilan Mutiso and James Mbaluka now argue that the pardon given by the Court of Appeal applies to them all.
"As it stands, there is no case against the accused persons. It is therefore not right for the Director of Public Prosecutions to say they have no grace to partake the benefit of the Court of Appeal order granted to Charity Ngilu," said Hiram Kago, their lawyer.
Kago argued that the Court of Appeal order specified that the trial relating to the Sh8 billion land measuring 34 acres had been terminated and therefore Ngilu shouldn't have been acquitted alone.
However, deputy DPP Fredrick Ashimosi has argued that the consent order had a typing error, and that they need to rectify the error to prove that it was only Ngilu who was acquitted.
"We admit the order is not in tandem with the consent we entered to terminate the case against Ngilu. It might have been a typing error by the Court of Appeal but that does not mean the accused should be acquitted since we have not agreed to terminate their case," said Ashimosi.