a Nairobbi court has declined to withdraw the fraud case against the televangelist after the DPP through State Counsel Abel Omariba said the office had not received instructions for withdrawal.
Ng’ang’a had sought to have his case withdrawn saying that they had a written consent with the complainant.
“I would like to have the case withdrawn since we have come to an agreement to settle the case through a letter of consent with the complainant”, the court was told.
However, the DPP through prosecution counsel Omariba opposed the application saying he was awaiting further instructions from Noordin Haji.
He requested the court to allow him more time to go through the letter of consent and present it to the DPP for instructions before the case can be withdrawn.
Milimani senior principal Magistrate David Ndungi agreed with the prosecution and said that the powers to have any matter withdrawn lies with the DPP.
“Article 157 of the constitution 2010 says that the Dpp has authority to terminate a case,i find that its unnecessary to record the statements of the complainant for the said settlement without the Consent of the DPP, I find that the current prosecutor needs time to consult the authority concerning withdrawal of this matter .The matter has a hearing date,”ruled the magistrate.
Pastor Ng’ang’a at Milimani law courts during the hearing of a case where he is charged with obtaining Ksh 3.6 million shillings in a house rental dispute in 2016.
The case will be mentioned on October 14.