NAIROBI, Kenya – The High Court has temporarily halted the prosecution of former Savannah Clinker CEO Benson Sande Ndeta over allegations of a Sh4.5 billion fraud.
The orders, issued by Justice Bahati Mwamuye, will remain in effect pending the determination of a petition filed by Ndeta to challenge the charges and his prosecution.
The case has attracted attention due to its high stakes and high-profile nature.
Ndeta faces allegations of conspiracy to commit a felony, obtaining security by false pretenses, and uttering false documents.
These charges, filed in a magistrate’s court, were put on hold after Ndeta secured a High Court order before a ruling on his bail application could be made.
Justice Mwamuye has also allowed Donald Kiboro Mwaura, John Gachanga, and Savannah Heights Limited to join the proceedings as interested parties.
Advocate Gichigo Kamangu, representing the trio, told the court they are the principal complainants in the case, which has been temporarily suspended.
The Director of Public Prosecutions (DPP), however, opposes Ndeta’s petition, calling it an abuse of the court process.
The DPP argues that the petition aims to unlawfully block authorities from exercising their constitutional mandate.
“It is in the public interest that complaints made to the police are investigated and that those implicated in crimes are charged and prosecuted,” the DPP asserted in court filings.
In response, Ndeta’s lawyer, Teddy Ochieng, requested additional time to counter the DPP’s arguments.
Justice Mwamuye granted the request, directing that all responses be filed and served within seven days.
The hearing has been scheduled for March 11.
