A lawyer accused of fraudulently entering into an agreement for the sale of 100 acres of agricultural land in Kilifi County at Sh700 million wants the court to suspend his prosecution pending hearing and determination of a petition he has filed.
Mr Joseph Kanyi, in his application at the High Court in Mombasa, argues that the case against him is an abuse of the court process. He says that the court should intervene to stop the misuse of the criminal justice system and court process by issuing the conservatory orders.
Mr Kanyi has been charged alongside eight other people and two companies at the magistrate’s court in Mombasa, but they are yet to take plea.
They are facing charges including conspiracy to defraud the Kenya Ports Authority Retirement Benefits Scheme (KPARBS) of the money and money laundering. He argues that KPARBS is a private institution governed by a Trust Deed hence its funds are not public funds but money belonging to members hence the Ethics and Anti-Corruption Commission has no mandate to investigate the transaction.
Mr Kanyi says that his prosecution is oppressive, vexatious and an abuse of the court as it is motivated by a secret aim of assisting EACC in another case at the Milimani Commercial Court’s anti-corruption division in Nairobi.