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.
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.”
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 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.