The trial of businessman Chris Kirubi and 13 others has been temporarily stopped awaiting the decision of the High court on a constitutional application made by the former ACDC managing director Joseph Munyiri Munene.

Trial magistrate Gilbert Mutembei ruled that the matters be mentioned on the 6th of November 2009.

Kirubi, Commercial bank of Africa Chief Issac Awondo and former Uchumi managing director Kennedy Thairu are on trial in connection with the irregular sale of Uchumi Supermarket store along Agha Khan Walk in Nairobi.

On Wednesday, Attorney General Amos Wako was ctricised for consenting to an oprder stoppimg the fraud case.

Saying the AG cannot have his cake and eat it, advocate Ahmednasir Abdullahi said it was unfair for Mr Wako to allow the case to be stopped through an application made by one of the accused persons.

He said it was the AG who initiated the trial of the 14 persons and agreeing to stop it to allow Mr Joseph Munene pursue a constitutional application at the High Court, was an abuse of the court process.

The lawyer was reacting to application by Mr Munene's advocate Fred Ngatia that the case had been stopped by the Court of Appeal following consent between himself and a state counsel.

Meanwhile, before Mohamed Warsame, Peter Mulati Wafula convicted of raping Njeeri wa Ngugi, the wife to renown novelist Ngugi wa Thiongo appealed on medical grounds.

Mulati who was convicted alongside Richard Kayago Maeta and Elias Sikuku Wanjala claims that his appeal against a death sentence has not been heard since December 2005.

He claims that he is suffering from Kidney failure and would therefore want his case be expedited.

He claims that those who were convicted after him have had their appeal concluded.  Mulati' who worked for KK Security guards was not represented in court and he appeared in person.  

His co accused Kayago and Sikuku are in Kamiti prison.

The trio was sentenced to hang by senior Prinicipal magistrate Julie Oseko after she found them guilty of violently robbing Ngugi wa Thiiongo on the night of 11 and 12 of August 2003 at Norfolk Towers in Nairobi.