Court has suspended the prosecution of accused persons in the Sh4.1 billion Lake Basin Development (LBDA) Mall scandal.
Justice James Wakiaga has ruled that directors of Erdemann Properties Ltd which was contracted to construct the LBDA Mall in Kisumu had made a strong case against their prosecution to warrant the orders suspending the trial.
“I find that the applicants have established grounds for grant of the order to stop the trial based on the evidence they have submitted. The court will be failing in its constitutional mandate of protecting the rights of the applicants if it does not stop the prosecution,” ruled Wakiaga.
The accused were represented by lawyer Wilfred Lusi where they argued that they had delivered the complete Mall which had already been put to commercial use and were surprised when the prosecution recommended the charges when they demanded the payments.
The accused include Bobasi MP Innocent Momanyi, former Kisumu County Assembly Speaker Onyango Oloo and former LBDA Managing Director Peter Abok.
Others are LBDA Board of Directors George Odawa, Anthony Kiprono, David Oyosi, John Mango, John Onyango, Boniface Simba, William Omoding, Jimmy Nabwera, Alex Mukabwa, Mary Micheka, Kennedy Musebe, Michael Obora, Joash Odhiambo, Dennis Mulaa and Josiah Okumu.