BY SAM ALFAN.
Senior seven Parliamentary officials bid to stay their criminal case has suffered a major blow.
This is after trial court dismissed the application seeking to stay the criminal proceedings pending the decision of an application they filed before court appeal challenging the high court ruling that reinstated charge’s against them.
“I do not find any sufficient reason to stop this proceedings” ruled Andanyi.
The learned magistrate on his short ruling said if orders are issued by the appellate court the trial court will comply with the decision.
Lawyer for the accused persons applied for the proceedings before the trial court stayed for a period of one month pending hearing of an appeal filed yesterday at the court of appeal which he claimed has direct implications on the hearing of the criminal proceedings.
Prosecution opposed the application by the accused persons saying the matter came for directions unless there was a stay from the appellate court.
“What you have been told is that, there’s an intention, intention is not an order of stay” prosecution told the court.
High Court reinstated charges against seven Parliament senior staff accused of conspiracy to steal over 70 million Shillings last month.
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.
The learned Chief Magistrate Francis Andayi directed the matter to be heard on 23 of August.
