BY SAM ALFAN.
Bobasi Member of Parliament Innocent Momanyi Obiri has suffered a blow after a judge declined to stop his graft trial after complaining that evidence against him was obtained illegally.
Justice Mumbi Ngugi in a ruling, differed with a decision of the Court of Appeal stating that going that route will stall investigations of any offences, more so, economic crimes.
The MP, who is facing graft charges in the Sh4.1 billion loss at Lake Basin Development Authority, accused Ethics and Anti-Corruption Commission of obtaining search warrants illegally.
Judge Ngugi dismissed the MP’s application saying the warrant and investigation in her view were proper and there was no requirement for notice to Momanyi before EACC applied for warrant.
“My finding and conclusions above application before me is without merit and is hereby dismissed and no basis were laid to revise the orders of the magistrate court and I decline to do so”, ruled Mumbi.
However, he said the accused was at liberty to approach the court that issued the warrant as provided under the criminal procedure code.
The judge said he was not persuaded that court of in Director of Public Prosecution and Tom Ojiendo t/a Prof Tom Ojienda & Associates advocates & 3 others had this in contemplation when it made its decision.
“In my view, the decision of court of appeal was limited to the provisions of ACECA and it cannot be read and extended to the provisions of sections 118-121 of the criminal code. To hold otherwise would be to deal death blow to investigation of any offence, not economic crimes in Kenya,” observed Mumbi.
Momanyi filed application before High Court Anti-corruption court seeking to review orders issued by the magistrate for a blanket search and seizure orders.
The charged MP also sought pending hearing and determination of the application, an order issued on June 3, against him be set aside. He also court to issue orders prohibiting future searches and seizures by EACC that are prejudicial to his constitutional rights.
He applied for the court to call for the record in Nairobi Chief Magistrate Miscellaneous application No. 2336 of 2019 for examination purpose to satisfy itself as to the correctness legality and propriety of the orders issued on June 3, 2019.
The MP is charged alongside Kisumu County Assembly Speaker Onyango Oloo, former Lake Basin Development Authority (LBDA) Managing Director Peter Anguko Abuok and pleaded not guilty to Ksh.4.1 billion graft charges.
Oloo was freed on a cash bail of Ksh.6 million while Abuok and Momanyi were each released on Ksh.10 million cash bail.
The accused persons were charged with offences of engaging in a project without prior planning, willful failure to comply with the law relating to procurement as well as abuse of office among other charges.
Oloo and Abuok were, in one of the charges, alleged to have unlawfully changed a title deed belonging to LBDA for Ksh.1.2 billion in respect to the authority’s Lower Kanyakwar Phase 1 project without the approval of National Treasury Cabinet Secretary.
