A case in which former Judge Robert Mugo Mutitu is being charged with theft of Sh 6.8 million from a client has been suspended at the lower court pending the application filed at High court.
When the parties appeared before magistrate Bernard Ochoi yesterday, the lawyer for the accused Karathe Wandugi said he has received an order of stay from the high court.
“The accused are not present in court and their plea had been deferred,” he added.
He added that they have since filed a Judicial Review at the high court which needs to be concluded first.
“We have been directed to file the main motion within 7 days but the matter has stayed pending a full hearing of that matter, “he added.
Wandugi said that after the hearing the judge may give directions. He added that they may seek an out-of-court settlement.
The former judge together with his alleged sons have been charged with theft of Sh6. 8 million from a client.
The former judge, who was axed from the Judiciary in 2003 during the judicial purge that saw 23 judges leave the bench unceremoniously, did not plead to the two charges of conspiracy to defraud and theft.
A law partner to the judge, John Njoroge Thiongo, was also summoned to appear in court to be charged alongside Mutito.
The two are accused of being agents of Wangui, and they stole the money the complainant entrusted them to purchase a parcel of land in Nairobi.
Magistrate Ochoi allowed an application by wandugi saying that the councils need to appear before judge and present their case.
The accused were dispensed from attending court.
The matter will be mentioned on August 30, 2022.Wandugi said the accused had reached the complainants to try an out-of-court settlement.
The matter at the lower court will be mentioned on JULY 20.
