Senior Counsel Ahmednassir Abdullahi,Lawyer Nelson Havi with senior prosecution prosecutor Ashimoshi Ashitambas before Justice Onguto as Ahmednasir make’s his submissions on Wednesday September 14,2016.
BY SAM ALFAN.
The government has objected a request by former CBK Governor Nashon Nyaga to have majority shareholders in Tatu City project charged with fraud.
Through the office of the Director of Public Prosecution Keriako Tobiko the state says that the former governor is trying to exalt pressure to gain mileage in the case.
A senior state counsel Edwin Okello told the court that an application by Mr Nyaga is aimed at exalting pressure on the government to act contrary to the provisions of the law.
Nyaga has sought a disclosure of the report by DCI which allegedly recommended the prosecution of Mr Stephen Jennings and Richard Reid.
However the DDP told Justice Joseph Onguto, that such disclosure would be highly prejudicial and will undermine the ongoing investigations.
The DPP received two files, he can’t be asked to disclose the content of the recommendations before making a decision as to whether he can press charges or not.
Mr Okello told the court that the DPP has since recommended the prosecution of Nyagah and his two lawyers Mr Nelson Havi and Michael Osundwa.
An order has been issued stopping their prosecution.
He said that two inquiry files are before the DDP in respect of the rivals group companies, Satum Properties limited and Kofinaf company limited.
They are currently under scrutiny by a multi agency team.
Mr Okello said the DDP is yet to make a decision on the matter and should not be pressured to do so.
SC Ahmednassir Abdullahi added that the application by Nyaga is designed as a collateral attack since half of if is touching on his personal character.
The court will deliver a judgement on October 31 2016.