BY SAM ALFAN.
The High court has barred arrest and prosecution of Meru Senator Mithika Linturi pending hearing and determination.
Justice Chacha Mwita restrained the Director of Public Prosecution (DPP), Ethics and Anti-Corruption Commission (EACC) and Inspector General from arresting, Charging or recommending any charges against the senator.
The court further barred the three agencies from declaring the Mr Linturi unsuitable of holding public or state office until the case he has filed against EACC, IG, and DPP, lawyer Mugambi Imanyara and University of Nairobi is heard and determined.
“I hereby issue conservatory order restraining DPP, EACC, and Inspector General of Police from summons, arrest, charging, prosecuting, recommending and declaring that the petitioner is until to hold public office including state office of Senator of Meru County in the Senate” ruled judge Mwita.
Linturi in his court documents accused his opponent in last election lawyer Mugambi Imanyara of using state organs and agencies intimidate him.He further accused the city lawyer of wanting to benefit from his removal from office.
“The fourth respondent (Mugambi Imanyara ) is using state organs and agency to harass ,oppress and persecute the petitioner with ultimate objective of benefiting from removal or barring the petitioner ( Mugambi Imanyara) from holding any public office purportedly for breaching the moral and ethical requirements of chapter of the constitutional” claims Linturi.
Mr Linturi through his lawyer James Orengo accused EACC, University of Nairobi, Inspector General of Police, DPP, and lawyer Mugambi Imanyara of bias and acting in bad faith in making to his detriment.
Mr Linturi alleged he will lose four academic years in which he has undertaking studies in University of Nairobi and he will lose the chance and opportunity of pursuing postgraduate studies for a master degree.
Linturi now wants the court the director of public prosecution, Ethics and Anti-corruption commission and the police barred from investigating or arresting him over his alleged fake degree.
He has filed a suit at the high court saying he’s afraid of being arrested and prosecuted over the said degree unlawfully.
He claims that the police and the DPP are planning to institute criminal case against him based on incomplete and scanty investigations with an aim of annulling his election as a senator and to prohibit him from occupying any public office.
Linturi claims that that the intended prosecution has ulterior and extraneous purpose whose pre-dominant objective is to end his political career as a senator and to close any opportunities.
The senator says that the intended prosecution will make his work difficult and thus will fail in delivery and the mandate.
The University of Nairobi has already de-registered and dis-continued the senator from the University and as a result the senator did not graduate in December.
The legislator says that he’s afraid that hell loose four academic years and which he has undertaken studies at the University and loose the chance of pursuing a post graduate studies.
“There’s a threat and likelihood that I may be charged with criminal offences based on incomplete and scanty investigation and which the DPP and the EACC are likely to ignore as exculpatory,” says Minturi.
In the certificate of urgency filed this morning at the Milimani Law court, Linturi argues that he has lost four years of study at the University and the opportunity alkready granted to pursue postgraduate studies.
“I will not now be able to pursue higher academic qualification or undertake courses at the Kenya School of Law in order to be enrolled as an Advocate of the High court,”reads the petition.
Suing through lawyer James Orengo Linturi says that Milton Imanyara is using state organs to harass and intimidate, press and prosecute with ultimate objective of benefiting from his removal from office or barring him from holding office.
Among the orders that the senator wants is an order to stay the University of Nairobi decision that deregistered him from the University and discontinuing him from the program and studies at the University.
Also sought is an order to stop the police from summoning and declaring that the s unfit to hold any public office including the state office of senator of Meru County in the senate or parliament.
The case will be mentioned on 26 of February for further directions and consolidation of judicial review application.
