BY SAM ALFAN.
High Court has reinstated charges against seven Parliament senior staff accused of conspiracy to steal over 70 million Shillings.
Justice Ngenye Macharia set aside the entire ruling by the trial court striking out and dismissing the charges against the senior officials.
“I therefore set aside the order of the trial magistrate striking out and the charges against respondents. I substitute the same with an order that the charge against respondents is hereby reinstated” ruled Ngenye J.
The learned judge said trial court erred in dismissing the charges against the seven senior officials.
Director of Public Prosecution Keriako Tobiko last year challenged a decision releasing the officials working in Parliament before the hearing of the case.
He moved to the High Court questioning the move by Nairobi Chief Magistrate Daniel Ogembo who ordered that their charge be struck out, they be released even without hearing a single witness.
CM Ogembo who is currently a high Court judge based his decision on alleged violation of the accused persons’ right to a fair trial under Article 50 of the Constitution.
Mr Karuri however sought the High Court to revise and set aside the said order and direct that the matter proceeds to a full hearing.
DPP instituted criminal proceedings against the accused persons on November 10 2015 blaming them for conspiring to commit a felony among others charges.
Obudo Samwel Otieno who is expected to vie for Nyakach constituency Parliamentary sit, Mary Gathigia Kanyiha, Keith Musyoki Kisinguh, Aloys Nyambariga Tinega, David Mulinge Kithua, George Omondi Arun and Benjamin Njagi Kagutu denied the charges.
The court proceeded to release the accused persons on a bond of Sh1 million and one surety of a similar amount or in the alternative a cash bail of Sh300, 000.
Several documents could not be availed by the parliament because of their nature of confidentiality.
According to the prosecutor the documents the accused were demanding were classified and contained information that if leaked to the public would expose Members of Parliament dealings and be a matter of national security.
The prosecutor also informed the court that his case was not relying on the said documents to prove his case and that they were in safe custody of the Parliamentary Service Commission.
“The Chief Magistrate has no powers to purport to interpret the Constitution as he did in dismissing the charges citing violation of the accused person’s right to a fair trial since he is not a Judge. The Prosecution supplied all the witness statements and documentary exhibits it intended to rely upon during the trial,” he said.
He also accused CM Ogembo of being unfair and biased. “He never accorded the complainant an opportunity to be heard.”
She directed the matter be matter be mentioned on March 9 plea and further directions.
