MUTHAMA LOSES BID TO OUST LAWYER MUITE FROM PROSECUTING OVER MALILI RANCH.

0
1124

OP

Senior counsel Paul Muite who was appointed by Director of Public Prosecution Kiriako Tobiko as private prosecutor in prosecuting Machakos Senator Johnstone Muthama and others over Malili ranch case.
BY SAM ALFAN.
Machakos Senator Johnstone Muthama has lost bid to have senior counsel Paul Muite removed privately prosecuting him and others over Malili ranch case.

Justice George Odunga disallowed the application by the senator, saying that director of public prosecution in appointing Muite he acted within the law.

The judge dismissed allegation that Muite is politician and has a criminal case where was charged in 1992, the court said that the criminal case was politically motivated.

“It’s the evidence that will be considered by the trial court and not the person conducting the prosecution” he said

Muthama through his lawyers Dr John Khaminwa, Harun Ndubi and Antony Oluoch had said that Muite is unfit to conduct the prosecution.

The lawyers told court that Muite being a politician and leader of Safina Party is not permitted by law to carry out state function.

They pointed out that Muite having been charged during the multi- party democracy, he was prosecuted by the office of the director of public prosecution and can not be given such an opportunity to prosecute fellow politicians.

The law does not allow such an appointed, the prosecution under the new constitution is vested upon the director of prosecution and can only be delegated to immediate seniors deputy director of public prosecution, they submitted.

The court heard that Muite carried out selective prosecution when he was given the file to give independent position as to who was to be persecuted in the malili malili ranch scandal

The lawyers told the judge that the police investigation had included the name of the Law Society Chairman Eric Mutua to be among those to be charged, but the final report by Muite left the out Mr Mutua’s name

They said Muite is not the right person to conduct such prosecution.

LEAVE A REPLY