BY SAM ALFAN.
The widow of former Government Chief Whip George Thuo and four other suspects, who are charged in connection with the Sh28million Kenya Pipeline Company (KPC) tender, will proceed next year.
This is after High Court ruled they will not be supplied with copies of the investigation report and recommendations for their prosecution.
The High Court has reversed an order made by the Milimani Anti-Corruption Court principal magistrate Felix Kombo on November 8, compelling the Director of Public Prosecutions, Keriako Tobiko, to provide the probe report forwarded to him by the Ethics and Anti-Corruption Commission (EACC).
Justice Hedwig Ong’udi ruled that the defence team had failed to demonstrate inability to present its case after having been served with all witness statements and documentary exhibits to be relied on by the prosecution being conducted by Assistant DPP Gitonga Riungu. However, the prosecution will not use the investigation report during the trial.
The DPP made an independent decision after scrutiny of the assessment by the investigating officer of the material gathered and the recommendations forwarded by the EACC.
“The DPP is not bound by the recommendations by the EACC or any other agency. Equally, the court in its determination will only evaluate the evidence presented before it and not the recommendations by the investigator,” the Judge observed in her ruling.
“My finding is that it was improper for the magistrate to find that failure to supply the report to the accused persons was in breach of Article 35 (1) (b) of the Constitution,” the Judge said.
During the brief proceedings before Magistrate Kombo , lawyer Kennedy Ogeto explained that he intended to challenge the decision to the Court of Appeal since the investigation report was crucial to the defence and the accused persons were likely to get an unfair hearing.
The late Thuo’s widow, Judy Wamaitha and son Ngatia Ndung’u, who are directors of Redline Ltd, are facing charges of fraudulent acquisition of public property. They are alleged to have received the money on February 28, 2014 at Chase Bank in Nairobi as payment for the purported supply, installation and commissioning of two auto-transformers.
Former KPC Managing Director Charles Tanui is charged with awarding the tender irregularly and misuse of office.
The firm’s chief engineer, Josephat Sirma and chief technical manager, Elias Karumi, are similarly facing six counts of abuse of office and failure to comply with procurement regulations in the award of the tender.
Advocate agreed to take April 10-14 ,2016 for hearing after one of the accused indicated to the court he’s has filed a certificate of urgency challenging High Court decision that ordered they should not be supplied with copies of the investigation report and recommendations for their prosecution.
