The High Court in Nairobi has on Monday stopped prosecution of lawyer professor Tom Ojienda who is being accused of falsely obtaining money from Mumias Sugar Company.
Justice Chacha Mwita granted orders barring the prosecution of Ojienda pending hearing of his application on February 18, 2019.
Ojienda is facing fraud charges in relations to a Mumias Sugar Company case.
Senior Counsel Tom Ojienda through his lawyer Okong’o Omogeni had filed an application arguing that the Director of Public Prosecution was abusing his constitutional powers in his quest to charge Ojienda on matters that relates to a contractual relationship of an advocate and a client.
According to the charge sheet, the lawyer allegedly attempted to obtain money by false pretenses from Mumias Sugar Company Limited through fake legal cases.
He was arrested on Friday and taken to the Directorate of Criminal Investigation (DCI) headquarters for questioning but was released on Sunday.
In his ruling Justice Mwita said the court ought to determine whether the Director of Public Prosecutions acted properly or abusing his powers.
Director of public prosecution issued a statement saying that court of appeal Judge Otieno Odek who was a partner with Ojienda in their law firm will be a prosecution witness in the case against Tom Ojienda.
The law society of Kenya has strongly condemned the prosecution of their former chairman.