Former Lugari Member of Parliament Cyrus Jirongo lawyer James Orengo leaving Milimani law courts after high court stopped the intended prosecution against Jirongo on Wednesday February 17, 2016.
BY SAM ALFAN.
High court has stopped the intended prosecution of former Lugari MP Cyrus Jirongo.
Justice George Odunga issued the orders halting the prosecution, pending the hearing and determination of the application lodged in the high court.
Judge said from the submission of Jirongo’s lawyer James Orengo, a case has been made which requires determination.
He said that application be served upon DPP, Criminal Investigation Division Inspector general of police and the attorney general and parties before on February 29 for further directions.
Jirongo was summoned to appear before Chief Magistrate’s court tomorrow to take plea on allegation of fraud and giving false information.
According to the charge sheet filed in court today Tuesday the prosecution alleges that Jirongo on March 27 last year at Directorate of Criminal Investigation (DCI) headquarters in Nairobi he informed Sergeant Maxwell Otieno that he paid Shs 7 Millioni as an alleged balance of payment for purchase of Soy Developers Limited.
Jirongo is expected to take plea on February 9, 2016 with giving false information by allegedly linking former President Daniel Moi’s son to Sh50 million frauds.
Through his lawyer James Orengo, Jirongo claims that the prosecution is a gross abuse of the court process because it discriminates him.
He claims that Soy Developers Company Limited, Sammy Boit Arap Kogo and Antoinette Boit who are the interested parties in the petition are using the matter to settle personal and political scores.
“It is clear that the criminal justice system is being used for the wrong ends and this should be stopped,” said Orengo in court documents.
He adds that the prosecution is not for the public interest but for advancement of the civil cause of the complainants.
Orengo claims that Antoinette Boit and ASL companies are being allowed to use the machinery of justice to cause injustice to other individuals.
“Since 1991 when Jirongo and the two entered to and concluded a commercial transaction for the sale of land through sale of shares in the Attorney General they have not taken any step to enforce alleged wrong doing in the transaction,” said Orengo.
The lawyer claims it is deceitful that they would wait more than 20 years to make any claims against a transaction on the property that had been concluded.
According to him, the Director of Public Prosecution Keriako Tobiko and the complainants are seeking to oppress Jirongo under the criminal law.
On February 13 he was to appear in court after he was summoned last week, but his lawyer JamesOrengo said he was upcountry.
State counsel Daniel Karuri wanted him arrested for failing to honor the summons. He told chief magistrate Daniel Ogembo Jirongo’s lawyer did not give a valid reason why he could not be in court.
Milimani Chief Magistrate Daniel Ogembo said that the politician should honor summons to issued by the court on February 9
Jirongo is to appear in court on February 18 for plea taking in relation to the allegations made against him by businessman Sammy Kogo over sale of his suit property.
However his lawyer James Orengo told the court that Jirongo had not been personally served with summons and the he was away in upcountry.
He persuaded the court not to issue a warrant of arrest, since Jirongo was not aware of the summons; the same was only served on his advocates.
The summons came as result of the application by an investigating officer Eveline Makia applied that suspect be summoned against him Jirongo is alleged to have committed offences in various dates between 1992 and last year in relation to a parcel of land. Makia
She said that after investigations the prosecution is now ready to have Jirongo formally charged.
According to the charge sheet filed in court prosecution alleges that Jirongo committed the said offence between September 25 1992 March 27 last year at Directorate of Criminal Investigation (DCI) headquarters in Nairobi he informed Sergeant Maxwell Otieno that he paid Shs 7 Millioni as an alleged balance of payment for purchase of Soy Developers Limited.
This is despite the fact that Jirongo knew the information was false, intending thereby to cause Otieno to arrest Moi as an accomplice in the alleged fraudulent purchase of Soy Developers in which the CID officer ought not to have done if the true state of facts in relation to such information were known to him.
Jirongo is also set to answer charges of obtaining execution of a security by false pretenses.
The prosecution further alleges that Jirongo on September 25,1992 in Nairobi by false pretenses and with intent to defraud, he induced Post Bank Credit Limited to accept Bank Charge.
This was in respect of a parcel of land LR NO. 209/11151-IR 47029 registered in the name of Soy Developers Limited to secure a Shs 50 Million overdraft facility to Cyber Projects International as valuable security.
Justice Odunga fixed the matter for hearing on 29 of February for further directions.
