The Director of Public Prosecution Keriako Tobiko is expected to terminate a criminal case against Former Lands minister Katana Ngala and his wife after they handed back a mayoral house they have been accused of acquiring illegally.
Yesterday, the court heard that Ngala has surrendered back the house to the state and paid Sh2 million shillings in rent arreas. The move comes days after KACC gave people who have illegally acquired public resources 60 days to surrender it or risk prosecution.
KACC asked those who do not want the commission to institute investigations or prosecution against them to take advantage of the offer. State special lawyer Patrick Kiage told trial magistrate Gilbert Mutembei that the DPP needed a little time to confirm if the politician has formally handed over the house to the city council and if he has returned the original title deed of the property.
According to court documents, the former minister paid Sh1.7 million on June 2011, Sh100,000 on July 7 and Sh70,000 on July 19. The balance was paid on July 22.
Ngala is charged alongside his wife Isabel Nzalambi, former mayor John Ndirangu, Elizabeth Nyambura, Hashim Got and Erastus Mwangi. The six are accused of swindling the city council of the mayor's official resident by falsely implying that the property was allotted and sold to Ngala who subsequently transferred it to his wife.
Together, they face charges of conspiracy to defraud the council of the multimillion shilling house in Lavington. Kiage said the politician's wife entered into a deal with the state to give back the house. She agreed to relinquish all her rights to the property, the title deed and interest.
The money was supposed to be paid in three equal monthly installments as rent from February 28 2003 to April 30 2011 according to a consent signed between the KACC and Nzalambi.
The agreement signed before the court by lawyer Francis Gikonyo for KACC and Katwa Kigen for Nzalambi means that the title of the property which was given to the later will be declared null and void. The charge sheet in the criminal case says Ngala made a false representation that the property belonged to him.
The mayoral residence has been at the centre of a protracted battle between City Hall and the former minister. The prosecution says the five committed the offences between February 1 1993 and June 30 2002. Mutembei directed the case be mentioned on August 8.
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