All the suspects in the Sh8 Billion Karen land saga in which former Lands Cabinet Secretary Charity Ngilu had been implicated could be set free over a typing error.
On Tuesday, deputy Director of Public Prosecutions (DPP) Fredrick Ashimosi admitted that the consent order that exonerated Ngilu from the case had a mistake.
Ashimosi made the revelation after former National Social Security Fund managing trustees, who were facing charges alongside Ngilu, argued that they should also be set free since the consent indicated that the whole case had been terminated.
However, according to the deputy DPP, the order terminating Ngilu's case did not include the former NSSF trustees - Jos Konzolo, Sara Mwenda, Pauline Gatimu, Mark Muigai, Macmilan Mutiso and James Mbaluka.
"We admit that 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.
Former NSSF trustees' Lawyer Hilary Kago dismissed the claims arguing that the court order regarded all accused persons and requested charges against his clients be dropped.
"They would have notified us that the consent order would be selective and only apply to Ngilu. We wonder why they had to wait until we make application for our clients to be set free to bring up the issue of typing errors," stated Mr Kago
The Lawyer claimed the order clearly stated that the criminal trial relating to the 134-acre Karen land valued at Sh8 billion had been terminated adding that there was no case against all accused persons.
Principal Magistrate Lawrence Mogambi ordered the DPP to seek clarification from the Court of Appeal within two weeks failure to which he would be forced to acquit all suspects.
In 2015, CS Ngilu was charged with obstructing Ethics and Anti-Corruption Commission (EACC) officials during the investigations into the land in Karen that was allegedly grabbed by high-profile individuals, including government officials.
The other suspects were charged with conspiracy to transfer the 134-acre parcel of land.
Ngilu was however cleared of the charges in March 2016 after a consent order by the Court of Appeal stating that the criminal trial against Ms Ngilu should be stopped
