Constitutional and Human Rights Division judge Weldon Korir, in his ruling quashed the prosecution of the lawyer, but denied his attempt at securing the huge payday.
The judge further explained that the lawyer was not completely off the hook, giving the prosecution the green light to re-arrest the Senior Counsel
“It is possible that new evidence may emerge that would make it necessary for Prof Ojienda to be arrested and charged afresh,” reads an excerpt from the ruling.
The lawyer was arrested in December 2018 and charged with obtaining money by false pretence, uttering false documents and conspiracy to defraud Mumias Sugar of Ksh 280 million.
Detectives from the DCI trailed the Ojienda from his Muthaiga mansion and lured him out of a building on Loita street in Nairobi, by collaborating with officers from the Nairobi County Council who clamped his car.
On finding the metallic clamp on one of his tyres, he called City Hall officials as he sought help to have his car released.
As he walked to the car, the police pounced on him and declared placed him under arrest, his colleague Peter Wanyama was also apprehended on the same day.
A special task force had been investigating the loss of Ksh 200 million from the sugar company. Prof Ojienda represented former Nairobi Governor Evans Kidero.
In a statement on December 28, 2018, DPP Noordin Haji revealed that the DCI conducted investigations into fake court proceedings on Mumias Sugar, that were allegedly used by several legal service providers to obtain money, in the form of legal fees, from the company.
The DPP further stated that about Ksh 89 million was paid through fraudulent schemes.
Ojienda’s arrest capped a stormy period for him having happened during a protracted court battle with the Kenya Revenue Authority over tax compliance.