BY NT CORRESPONDENT.
A Nairobi court will on Monday decide whether former Lugari MP Cyrus Jirongo will plead to charges of giving false information after linking the son of former President Daniel Moi to a Sh50 million land fraud case.
Milimani chief magistrate Francis Andayi issued directions after Jirongo through his lawyer Danstan Omari made application seeking the plea to be differed. The lawyer said the Court of Appeal overturned the High Court decision by Justice George Odunga, blocking the prosecution of Jirongo.
“The Judgment of the High court date January 11, 2017 delivered by Justice Odunga in case no. 78 of 2016 be and is hereby set aside in entirety. The appeal by the DPP are allowed with costs,” ordered the appellant Judges.
Jirongo is expected to plead charges of obtaining execution of security by false pretence, making a document without authority, uttering a false document and giving fabricated information to a person employed in the public service.
The former MP is accused of giving false information linking the late Jonathan Moi to a Sh50 million land fraud dispute. He is alleged to have committed the offences between 1992 and 2015.
The charges against the former MP relates to a sale agreement in relation to land Nairobi LR No. 209/ 11151 situated at Upper hill at the corner of Elgon road.
Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.
It is said that Jirongo told investigator Maxwell Otieno that he paid Sh7 Million to the Late Jonathan Moi as an alleged balance of payment for purchase of Soy Developers Ltd owned by Sammy Boit Arap Kogo and his wife Antoinette Boit.
Further, the politician is accused of forging signatures of the two directors of the disputed land in the title deed and used the same to obtain a loan at Post bank limited to Cypress projects International.
In 2016, the Director of Public Prosecution (DPP) recommended Jirongo to be charged with the offences following comprehensive investigations conducted by detectives from DCI’s Office.
In his Judgment, Justice Odunga quashed the charges after the former legislator argued that the claims against him were brought to settle political scores.
The Judge went ahead and stopped the Director of Public Prosecution (DPP), the Director of Criminal Investigations, the Attorney General, the Inspector-General of Police and the Milimani Chief Magistrate Court from proceeding with his trial.
The Judge also said the court has a constitutional duty to ensure that a flawed and threatened trial is stopped if it is likely to violate any of Jirongo’s rights.
However the Court of Appeal Judges Alnashir Visram, Otieno Odek and Wanjiru Karanja while reinstating the charges against Jirongo noted that “there is no evidence on record to prove bias on the part of the DPP in making the decision to charge the politician.”
The Judges said that issues relating to fraud are public interest matters best suited for determination and punishment in criminal proceedings.
“It is our view that Justice Odunga went against the public interest in preventing investigations and prosecution of allegations relating to fraudulent transfer and acquisition of the suit property,” ruled the Judges.
They also found that:” In going against the public interest, the Judge interfered with the prosecutorial mandate of the DPP to make decision to charge or not to charge an individual.”
Further, the judges said Odunga failed to evaluate the evidence availed by investigator Otieno while quashing charges against Jirongo.
