High court Judge, Justice Lenaola who has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case
BY SAM ALFAN.
High court Judge has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case in which Nairobi Senator Mike Sonko accused Wainaina of attempting to bribe him with Sh7 million.
Justice Isaac Lenaola disqualified himself from hearing the case saying he received some comments which he termed as offensive.
“I will not continue hearing this matter because I received some comments last week which are offensive,” said Lenaola.
He directed the matter to be heard next week by Justice Joseph Onguto.
Mr Lenaola also extended the orders sought by Wainaina to remain in office pending the inter-party hearing in February 23.
When he was issuing the orders Lenaola said he wanted to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions
“I have to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions,” said Lenaola.
Through his lawyer George Kithi, Wainaina claims that the process of prosecuting him was unconstitutional. He claims that Nairobi Senator Sonko has arrogated himself statutory powers of investigation of alleged economic crimes.
Kithi said that by a press statement dated January 4, 2016 Sonko arrogated himself the powers to direct DPP and that of EACC in the investigations of the alleged crime.
He added that pursuant to that press release which he terms illegal, the DPP and EACC allegedly launched investigations and proceeded to arrest and charges him.
Wainaina claims that his rights have been violated and the findings of the investigations are not based on factual information.
Nairobi Senator Mike Sonko has told a court that he has a secret video recording capturing the moment a senior City Hall official attempted to bribe him with Sh7 million.
Senator Mike Sonko has accused Nairobi chief of staff George Wainaina of steering corruption cartels in the county government.
The flamboyant senator also denied receiving the bribe from the Nairobi county Chief of Staff George Wainaina.
Wainaina and his secretary Roslyn Aluoch were arrested on January 7 for allegedly offering a Sh1 million bribe to Sonko to drop a land-grab case.
The case involves a Loresho plot owned by the Nairobi Water and Sewerage Company.
In a sworn, Sonko says his office has received several complaints from the public about cartel-led county corruption.
These include theft of public funds and forcible acquisition of public and private land, he says.
Sonko says most complainants were afraid to come out in public for fear of losing their lives or being victimized by the cartels.
The senator was responding to Wainaina’s petition seeking to have his criminal trial suspended.
Sonko says the audio and video recording at his office is “overwhelming evidence” that Wanaina was bribing him to silence the “corrupt and fraudulent” activities by some county officers.
He said the chief of staff approached him after his press briefing on January 4.
Mr Sonko was responding to wainaina allegation that he sensationally claimed that Nairobi senator Mike Sonko allegedly solicited Sh 7 million from him in order to drop corrupt charges against him.
Wainaina through his lawyer James Ochieng’,Wainina claims that the process of prosecuting him was unconstitutional.
In his documents filed in the high court, seeking to stay the criminal proceedings against him, he has faulted Director of Public Prosecution and Ethics and Anti-corruption commission for failing to conduct proper investigations.
In his court documents, County official claim’s the city politician tried to solicit the money through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo.
According to the documents, the two intimated they had been requested and authorized by the senator broker and resolve the dispute.
“The two floated a figure of Shs7 million payments to the politician to facilitate the withdrawal of the bribery case facing Wainaina” state the documents.
Wainaina adds the two also called his brother namely Moses Wainaina Njogu and John Gichua Njogu with the same proposal.
He says the decision of DPP and EACC at the instigation of Senator Sonko to arrest and prosecute him without proper investigations and making public disparaging press statements without evidence is aimed as a criminal besmirching as a the chief of staff.
“The findings of the respondents are not based on any factual information based on investigations” argues Wainaina.
He has accused the office of Director of Public Prosecution of abusing powers following a decision to arrest and prosecute him hence violating of his constitutional rights and freedom.
’’This is submissions of administration of justice and it’s aimed at illegal curtailing the petitioner personal liability contrary to the constitution” he claims.
Ochieng added that unless the petition is certified urgent the respondent will continue with the prosecution process which he terms illegal.
