DPP Accused Of Delaying The Rogue Lawyers Case Who Looted Sony Sugar

The ODPP has come under harsh criticism from Sony Sugar Over the delayed prosecution of the lawyers that investigators had linked to mega scamming in the company that left it on its knees.

A well organized syndicate made of lawyers was exposed and plot revealed how they made millions from the poor farmers by making fake claims in courts and pocketing the loot.

Sony Sugar looting is a classic case of obtaining money by false pretence contrary to section 313 of the penal code, forgery contrary to section 351 of the penal code and uttering a false document contrary to Section 353 of the Penal Code.

The brief circumstances of the case are that South Nyanza Sugar Company Limited (SONY SUGAR COMPANY) officials reported that their company is experiencing enormous cases of embezzlement of funds. This is as a result of fake civil cases filed by advocates and using names of SONY SUGAR farmers (clients) without the farmers’ knowledge

Investigations revealed that M/s Odingo & Co. Advocates and M/s Kerario Marwa & Co. Advocates are adversely mentioned as the ones participating in this acts.

Kenya Insights obtained documents in this case that  exposed the massive theft. Sony Sugar is now getting worried as to why the case is taking too long to take off putting the blame on ODPP.

Police files which adversely mentioned the two lawyers were first handed to the ODPP Migori by DCI on 27th February 2019 for advice and directions as procedure demands.

On 12th March, the Regional DPP Kisumu, Victor Mule gave advisory to the ODPP Migori who wrote to the DCIO Migori instructing the investigators to cover some loose ends in the case. It was also advised that they seek court orders to freeze the banks accounts of the implicated lawyers.

Following the application CMCC MISC Applic No. 29/2019 Migori. By court order the funds of Samuel Odingo and Kerario Marwa were reserved.

Having satisfied the conditions of the regional DPP, the DCI Migori returned the files to the ODPP Migori, Joseph Kimanthi On The 3rd March for the effect of charging them.

On 19th June(22 dats later) the ODPP Migori forwarded the files to DPP Kisumu without full legal  analysis of the case as he had been instructed in the 12th March letter. Whether this was deliberate, mistake or sheer incompetence is unknown.

On the 16th of July (27 days later) the DPP Kisumu returned the files to ODPP Migori to make comprehensive legal analysis.

Sony sugar is now frustrated that the files have commutatively taken longer at the ODPP Migori/Kisumu Than it took the investigations which is a big shame.

Why is a case the magnitude of Sony where thousands of families have had their livelihoods messed up and a company on its knees taken the DPP to prosecute. The merry go rounds on this case is starting to raise eyebrows on the ODPP.

With DPP Haji cracking the whip and promising better service delivery, it’s a concern that a case that was submitted in March has been dragging and it doesn’t seem to end. The accused lawyers need to have their case in court. Question to Mr. Haji, how long will this case drag and what action are you going to take over such incompetence on your officers?