MWIRARIA OUT OF ANGLO LEASING CASE.

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Former finance minister David Mwiraria who has been excluded from Anglo leasing since he was not in a position to stand trial.

BY SAM ALFAN.

A Nairobi court has stopped an Anglo leasing trial facing former finance minister David Mwiraria.

The anti-corruption court excluded the former minister from being prosecuted with other key anglo-leasing architects- Kamani family.

Trial Magistrate Felix Kombo said that Mwiraria’s lawyer Mr Kioko Kilukumi had proven that the former minister was not in a position to stand trial.

The court ruled that Mwiraria’s prosecution will remain suspended until he fully recovers.

The Director of Public Prosecution told the trial court that they were unable to give clear interpretation to the ruling of Justice Grace Ngenye.

The decision, the magistrate said appeared to have left out the prosecution from the case.

Justice Ngenye had on December 4, ruled that the trial court should make arrangements and issues a notice as to when and where the ex-minister would be charged.

Senior counsel Paul Muite and Ebbas Esmail, told   high court Justice Ngenye, that recommendation from three doctors Mwiraria’s counsels 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 losed about Sh 10 billion

Justice Macharia will deliver the ruling on Friday as to whether to quash the warrant issued by the lower court.

 

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