Milimani Law Courts Senior Magistrate David Ndungi has terminated Pastor Ng’ang’a’s Ksh3.6 million case.
Pastor Ng’ang’a was accused of obtaining the amount illegally from Mr. Wickson Njoroge, the complainant.
The magistrate terminated the case after both parties agreed to settle the matter out of court.
Attempts to have the case terminated on October 7 was turned down by the court on the grounds that the prosecution was not privy to the development.
The pastor’s lawyer had informed the court that they had agreed to settle the case out of court, but justice Ndungi informed the attorney that the prosecution had to be informed of the agreement.
"Article 157 of the constitution 2010 says that the Director of Public Prosecution (DPP) has the authority to terminate a case, I find that it is unnecessary to record the statements of the complainant for the said settlement without the consent of the DPP."
"The current prosecutor needs time to consult with the authority concerning withdrawal of this matter,” read the magistrate’s ruling.
The city preacher was charged after the case he had filed seeking to stop his prosecution was thrown out.
The televangelist was arrested at his church’s office and arraigned in April, 2016 for allegedly obtaining money from the complainant through false pretense.
He had allegedly promised to lease an apartment at Karen Estate in Nairobi, a deal said to have gone sour according to the complainant.
Until the termination of the case, the televangelist was out on a Ksh500,000 cash bail.
