Former Powerful Finance Minister David Mwiraria who want his intended criminal charge deferred to January 2016.
BY SAM ALFAN.
Former Finance Minister David Mwiraria’s intended criminal charge is still hanging and now awaits the interpretation of the high court ruling as to whether he has to be charged within ten days.
The office of the director of public prosecution, told trial magistrate Felix Kombo that it unable to give clear inter interpretation to the ruling of Justice Grace Ngenye,which appeared to have left out the prosecution from the case.
Justice Ngenye had on December 4, said that from date of the ruling the trial court to make arrangement and issue a notice as to when and where is Mwirararia to be-charged
The decision of the judge could be clearly understood by parties appearing in the criminal, subsequently trial magistrate refereed the file back to the judge intemperate her ruling.
Mr Kombo said that it’s not within his province to give interpretation of the decision of the judge.
Mwiraria had through his counsels told the high court that he suffers from cancer in which doctors have recommended that he cannot stand for criminal trial.
Senior counsel Paul Muite and Ebbas Esmail, told high court Justice Ngenye , that recommendation from three doctors Mwiraria’s cousels had told the appointed by the office of director of public prosecution found that he is not fit to face prosecution.
” Four doctors appointed to establish his sustainability whether to face criminal case only one descended in his opinion while the trio agreed that indeed he was sick that he cannot be subjected to criminal proceedings” the court heard.
The lawyers while submitting on the application seeking review of the decision of magistrate court issuing warrants of arrest against Mwiraria, said that there is nothing to hide on somebody whose memory cannot recall some events and the law prohibits such person not be recommended for prosecution.
Mwiraria was taken ill in 2006 before the commencement of the criminal case before the court, and he has undergone several medical examinations.
“He seriously sick his immobility has been grounded he cannot pay attention to proceedings taking place between 30 to 60 minutes” the court heard.
The lawyers asked the court to exercise its supervisory jurisdiction by invoking the powers of revision and issue the order prohibiting his arrest as ordered by the magistrate’s court.
The defence lawyers said that the prosecution in their replying affidavit, they have not disclosed that the DPP had recommended for medical examination of Mwiraria by a team of doctors.
They objection to the opposition taken by the prosecution, saying that when the warrant of arrest was issued by the magistrate’s court already the medical report by three doctors from Kenyatta National Hospital was in file indicating that he was unfit to stand trial.
Mwiraria was to be charged with Kamani family over the Anglo Leasing related scandal in which the government is said to have lost about Sh 10 billion
Justice Macharia will deliver the ruling on Friday as to whether to quash the warrant issued by the lower court.
