High Court has terminated Corruption case against Nairobi County Chief of staff George Wainaina Ndungu.
The court ruled that charges leveled against Wainaina were an abuse of the court process and the criminal justice system.
Justice Joseph Onguto further prohibited the Anti-corruption court from continuing with the corruption trial which commenced early last year.
The Judge agreed with submissions issued by Wainaina that the role of Senator Mike Mbuvi Sonko in the investigations leading to his arrest was more than that of a complainant.
Wainaina was charged with with offense of attempting to bribe the Senator 1million shillings.
He later moved to the high court to challenge his prosecution on grounds that at the time EACC recommended his prosecution there were no commissioners or chairperson in office.
Embattled Nairobi County Chief of Staff sensationally claimed that Nairobi senator Mike Sonko allegedly solicited Sh 7 million from him in order to drop corrupt charges against him.
Through his lawyer James Ochieng’,Wainina claims that the process of prosecuting him was unconstitutional.
In his documents filed in the high court, seeking to stay the criminal proceedings against him, he has faulted Director of Public Prosecution and Ethics and Anti-corruption commission for failing to conduct proper investigations.
In his court documents, County official claim’s the city politician tried to solicit the money through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo.
According to the documents, the two intimated they had been requested and authorized by the senator broker and resolve the dispute.
“The two floated a figure of Shs7 million payments to the politician to facilitate the withdrawal of the bribery case facing Wainaina” state the documents.
Wainaina added the two also called his brother namely Moses Wainaina Njogu and John Gichua Njogu with the same proposal.
He said the decision of DPP and EACC at the instigation of Senator Sonko to arrest and prosecute him without proper investigations and making public disparaging press statements without evidence is aimed as a criminal besmirching as a the chief of staff.
“The findings of the respondents are not based on any factual information based on investigations” argues Wainaina.
He accused the office of Director of Public Prosecution of abusing powers following a decision to arrest and prosecute him hence violating of his constitutional rights and freedom.
George Wainaina Njogu was accused of bribing Nairobi Senator Mike Sonko to stop documenting how the said senior officers are constructing private and development houses using public fund.
Wainaina is accused that on January 5, 2016 at Kenyatta International Conference Center at Senator Hon Mike Sonko office being a person employed by a public body by Nairobi County Government as Chief OF Staff corruptly offered benefit of Kshs,1,000,000 to senator Mike Sonko as an inducement for him to stop pursuing the matter where he had invited the media to accompany him in documenting how the said senior officers are constructing private and development houses using public fund, a matter relating to the affair’s of the said public body.
He denied all the charges and Principal Magistrate Felix Kombo released him on bond of Sh2million or a Sh800, 000 cash bail or remains in custody until his grafts case is heard and determined.
