A High Court on Monday stopped the prosecution of lawyer Tom Ojienda over allegations of falsely obtaining money from Mumias Sugar Company.
Justice Chacha Mwita who gave the orders is expected to rule if the DPP acted legally in preferring charges against the lawyer.
Justice Mwita stated that it was in the interest of justice for the status quo to be maintained pending the hearing of the case.
The petition will be heard on February 18, 2019.
The senior counsel was arrested on Friday evening in connection to the Mumias Sugar Company. He was later released on Sunday evening.
On Monday, the Director of Public Prosecutions Noordin Haji disclosed that a judge in the Court of Appeal would testify against city lawyer Professor Tom Ojienda in connection with the Mumias Sugar Company.
In a statement to newsrooms, the DPP sought to clarify allegations that Court of Appeal Judge Prof James Otieno Odek was under investigations and would be subject to prosecution on the matter.
He noted that the Appeals court judge was a partner in the firm of Professor Otieno Odek- Professor Tom Ojienda and Wanyama Advocates.
"However, investigations into the matter have been concluded and a decision to charge Professor Tom Ojienda made on the basis of the available evidence. Indeed, Professor James Otieno Odek was not in any way involved in the matters giving rise to the prosecution of Tom Ojienda and is therefore not criminally culpable," the statement read in part.
The DPP stated that Prof Odek was not under investigations in connection with the affairs of Mumias Sugar Company and had offered a statement to the investigators at his own volition.
"Following our analysis of the statement provided by the Judge, we have decided that he shall be a prosecution witness in the case against Prof Ojienda," Haji revealed.
