Televangelist James Ng’ang’a of Neno Evangelism Centre has been dealt a blow in his bid to terminate a Sh3.6 million fraud case against him.
Through his lawyer, pastor Ng’ang’a asked the court to allow his accuser to withdraw the complaint with a view to terminating the matter out of court.
The lawyer told Milimani Law Courts Senior Principal Magistrate David Ndungi that his client and the complainant, Wickson Njoroge Mwathe, had struck an arrangement.
“The parties have agreed to settle the matter out of court and Mr Mwathe is ready to explain the nitty-gritty of the agreement,” the lawyer submitted.
The magistrate however established that Pastor Ng’ang’a and his lawyer had not approached the office of the Director of Public Prosecutions (DPP) with the proposal.
Prosecuting counsel, Abel Omariba, confirmed he was not privy to the out-of-court arrangement.
“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],” the magistrate stated.
Magistrate Ndungi directed Pastor Ng’ang’a, Mr Mwathe and the defence counsel to approach the DPP’s office with the proposal to settle the case out of court.
“Article 157 of the constitution 2010 says that the DPP has the authority to terminate a case, I find that it unnecessary to record the statements of the complainant for the said settlement without the consent of the DPP. The current prosecutor needs time to consult with the authority concerning withdrawal of this matter,” the magistrate ruled.
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.
Pastor Ng’ang’a was arrested on April 6, 2016 at his Neno Evangelism church office along Haile Selassie Avenue, for attempting to obtain Ksh3.6m from Wickson Njoroge Mwathi by false pretense.
He allegedly pretended that he was in a position to lease to him residential premises in the upmarket Karen estate in Nairobi.
Ng’ang’a is currently out on Sh500,000 cash bail.