The High Court has rescued Judicial Service Commissioner Prof Tom Ojienda from facing prosecution over alleged fraud at Mumias Sugar Company Limited.
This is after Justice Chacha Mwita issued a temporary order stopping Ojienda from facing several criminal charges among them obtaining money, uttering false documents and conspiracy to defraud the Sugar industry.
“An Order is hereby issued prohibiting Director Of Public Prosecution Noordin Haji and DIRECTOR of Criminal Investigation George Kinoti from arraigning Prof Tom Ojienda with allegations of obtaining money with false pretences , uttering false documents and abuse of Office and conspiracy to defraud mumias Sugar Company,” ordered Justice Mwita.
The judge further issued orders restraining DPP Noordin Haji and DCI George Kinoti from conducting any further criminal investigation against Ojienda pending the hearing and determination of the petition.
Today order is the third one to be obtained by Prof Ojienda within a period of two months.
Last month Ojienda obtained order prohibited his arrest and prosecution over disputed tax arrears amount to over 800 million demands with Kenya Revenue Authority.
The sanctions will remain in place until Prof Ojienda prosecutes his petition challenging demands by the Kenya Revenue Authority for tax returns from 2009 to 2016.
Earlier Justice Chacha barred the Kenya Revenue Authority and Director of Criminal Investigations George Kinoti from interrogating Prof Ojienda regarding his law firm’s financial transactions during the seven-year period.
On 20 of December, the same judge issued the third order restraining Ethics and Anti-Corruption Commission from commencing any criminal proceedings against Tom Ojienda pending the hearing and determination of the petition.
Ojienda moved to court seeking to stay the summons by the Ethics and Anti-Corruption Commission (EACC) pending the hearing of the petition.
According to the charge sheet filed in court, Tom Odhiambo Ojienda is being accused between 5 Of June and 27 Of September 2012 at Mumias Sugar Company Limited ni Kakamega County knowingly and fraudulently uttered a false document namely a fee note Kshs. 1,808,000 under the name of Pro Tom Ojienda and Associate regarding Kisumu civil appeal 5/2012 while purporting to appeal for the applicants James Kutsuhi Atindo and 8 others vs Patrick Okuku and 8 others without instructions knowing that parties involved in Kisumu civil appeal No. 5/2012 wewe Lucas Gawa Osir vs Oniango Peter Sadia a fact he knew was false.
Prosecution also accused Ojienda that on 28 Of September 2012 at Standard Chartered Bank Nakuru branch with intent to defraud obtained Kshs. 3,678,000 from Mumias Sugar Company Limited through account under the name Of Prof Tom Odhiambo Ojienda Advocate by falsely pretending that the fee notes were genuine and valid fee notes for Eldoret civil appeal No.10/2012 and Kisumu civil appeal No. 5/2012 a fact he knew was false.
Ojienda is also facing several counts Of uttering false documents and attempting to obtain money by false pretence.
The charges will await decision from the High Court.
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