By SAM ALFAN.
The Director of Public Prosecutions Keriako Tobiko, wants an application challenging the prosecution of Kakamega Governor Wyclif Opranya dismissed.
The DPP, says that there is no political connection over the intended indictment of the governor as alleged in his application pending before the high court.
The prosecution of the governor is purely a criminal matter arising from his failure to honour Senate summons.
There are no constitutional issues which the high court is being asked quash.
“The governor has not pleaded to the criminal charge, so as to apply to the high court, the DPP says.
does not raise “weighty constitutional issues” as alleged.
The prosecution of the governor is purely a criminal matter arising from his failure to honour Senate summons.
There are no constitutional issues which the high court is being asked quash.
“The governor has not pleaded to the criminal charge, so as to apply to the high court, the DPP says.
does not raise “weighty constitutional issues” as alleged.
DPP’s assistant Ms Lilian Obuol told the high court that the politician’s file has since been “reviewed” and it raises “nothing weighty” he should present himself to the trial court to plead to the charges.
The governor has claimed in his petition that the summons were issued by a committee chaired by Senetor Boni Khalwale who has publicly declared his intention to vie for the Kakamega governor’s position
The governor wants the high court to find that the summons from which the criminal charge arises were “unconstitutional and unlawful.”
The governor has claimed in his petition that the summons were issued by a committee chaired by Senetor Boni Khalwale who has publicly declared his intention to vie for the Kakamega governor’s position
The governor wants the high court to find that the summons from which the criminal charge arises were “unconstitutional and unlawful.”
There is however no court order stopping Mr Oparanya’s prosecution, the pla taking was only suspemded by Chief Magistrate Daniel Ogembo to await the out come of the petition in the high court.
Mr Oparanya’s lawyer Peter Wanyama and Ms Obuol agreed to have the petition heard on a priority basis so as to determine the fate of the criminal case
Mr Oparanya’s lawyer Peter Wanyama and Ms Obuol agreed to have the petition heard on a priority basis so as to determine the fate of the criminal case
Mr Wanyama told justice George Odunga the petition is not intended to delay the hearing of the criminal case which is set for mention and further directions on January 25.
The offence was allegedly committed on November 13 2015.
Judge Odunga directed that Mr Oparanya’s petition be heard on February 9.
MS Obuo said that after a perusal of the politician’s case file the DPP was of the opinion that the petition should not be entertained.
“We have since reviewed the file and nothing weighty is raised, we are ready to proceed come January 25,’ she said.
In the petition Mr Opranya has accused the DPP of abusing his office by directing that he be arrested and charged.
The governor’s lawyers Paul Muite , Mr James Orengo and Mr Wanyama has objected his prosecution on grounds that the magistrate’s court also “lacks the jurisdiction to hear the case.”
The prosecution says that “On November 13 at Kakamega, being the Governor, disobeyed a witness summons issued by the Senate Assembly Sessional Committee on County Public Accounts and Investments to appear before it in Room No.4 main Parliament buildings.
Mr Oparanya has defended his decision not to honour the Senate summons by arguing that he is not an accounting officer.
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