The High Court has confirmed orders blocking the prosecution of ex-savannah Clinker boss Benson Sande Ndeta over Sh4.5 billion fraud charges.

Justice Bahati Mwamuye said the orders shall remain in force pending the determination of a petition Sande filed challenging the charges and subsequent prosecution.

The court at the same time allowed the participation of Donald Kiboro Mwaura, John Gachanga and Savannah Heights Limited in the case as interested parties.

Advocate Gichigo Kamangu told the Judge that three were the principal complainants before the case that has since been suspended.

The director of public prosecutions on the other hand has asked the court to dismiss the petition filed by Sande challenging his prosecution.

The DPP argues that the petition by Sande is an abuse of court process as it seeks to unlawfully prohibit and curtail them from exercising their constitutional mandate.

"It's in the public interest that complaints made to the police are probed and perpetrators of crime are charged and prosecuted," says DPP.

Advocate Teddy Ochieng representing Sande sought time to respond to the DPP's grounds.

The judge subsequently directed that responses be filed and served within the next seven days.

He scheduled the case for a hearing on March 11.

Ndeta was charged before a Magistrates court with conspiracy to commit a felony, obtaining execution of a security by false pretence and uttering false documents.

He denied the charges but before the court could deliver his ruling on bail application, he obtained an order from the High Court blocking his prosecution.

Justice Mwamuye at the time ordered his release pending the determination of the application he has filed.