A bid by televangelist James Ng’ang’a of Neno Evangelism Centre to settle a Sh3.6 million fraud case against him out of court has hit a snag.
Milimani Law Courts Senior Principal Magistrate David Ndungi Wednesday turned down a plea by Apostle Ng’ang’a to allow his accuser withdraw the complaint with a view to terminating criminal liability.
The pastor’s lawyer informed the magistrate that an arrangement had been struck between the preacher and the complainant, Mr Wickson Njoroge Mwathe, who alleges Pastor Ng’ang’a defrauded him Sh3.6 million in a rent deal.
The pastor’s lawyer informed the magistrate that “the parties have agreed to settle the matter out of court and Mr Mwathe is ready to explain the nitty-gritty of the agreement”.
But the magistrate asked the defence lawyer whether they have approached the office of the Director of Public Prosecutions (DPP) with the proposal.
The defence attorney responded in the negative with the prosecuting counsel, Mr Abel Omariba, saying he was not privy to the arrangement.
Mr Ndungi then informed the accused that any move to settle the case which was commenced by the DPP must be mooted by his office.
“There is no way an accused person or a complainant can ask a court to terminate a case when the DPP is not aware [of it],” Mr Ndungi stated.
He told Pastor Ng’ang’a, Mr Mwathe and the defence counsel to approach the DPP’s office and float the idea of wishing to have the case settled out of court and the criminal charges against the evangelist withdrawn.
The magistrate further said that as much as alternative dispute resolution is encouraged, it has to be within the right procedure and due process of the law.
However, the defence lawyer insisted the complainant be sworn to explain their agreement and have the charges against the pastor withdrawn since the accused intends to fly out for an engagement overseas.
Mr Ndungi advised the accused to speed up his gesture by approaching the DPP, who will eventually communicate his decision to the court through the prosecutor.
The magistrate directed the case to be mentioned on October 14, 2021 for Pastor Ng’ang’a and his lawyer to give details of the settlement through the prosecutor.
The preacher was charged with fraud after the High Court declined to bar the DPP from prosecuting him.
He had asked the High Court to block the criminal case against him from commencing, saying it stemmed from a commercial transaction.
Pastor Ng’ang’a has denied obtaining Sh3.6 million from Mr Mwathe through the pretext that he was in a position to lease to him a residential premises in the upmarket Karen estate in Nairobi.
The prosecution says Pastor Ng’ang’a committed the offence on April 6, 2016 at the Neno Evangelism Center office along Haile Selassie Avenue in Nairobi.
