BY SAM ALFAN.
The High Court has dismissed application seeking to compel Director of Public Prosecution Noordin Haji to charge former Kenya Power managing director, currently PS in the Ministry Energy Dr Joseph Njoroge with abuse of office.
Justice Pauline Nyamweya dismissed the application by Justus Kimeli Rotich saying he did not demonstrate how the DPP acted illegally and abused his powers by failing to charge Dr Njoroge.
The judge ruled that DPP cannot be restrained from undertaking his constitution and statutory duties. “The notice of motion dated February 20, 2019 is without merit,” ruled Nyamweya.
Rotich filed an application seeking the court to order DPP to investigate and charge Dr Njoroge in relation to the offences currently going on at a Milimani court. He wanted the DPP to act within three months.
Several Kenya Powers staff including top officials Dr Ben Chumo and Dr Ken Tarus are facing multiple charges over the procurement of faulty trasformers.
Rotich also wanted the court to declare that the DPP was selective by failing to investigate Dr Njoroge, who served as Kenya Power Managing director from June 2007 to May 2013 when some of the offences were committed violates Article 157 (11) of the constitution as read with section 4 of the office of public prosecution Act, 2013.
According to Rotich, DPP selectively omitted with no reasonable explanation, from investigate or charge Dr Njoroge, notwithstanding that he served as MD during the said period. He said the move amounted to selective prosecution and abuse of prosecutorial discretion.
The DPP through investigating officer Inspector Misheck Kagera attached to DCI had opposed the application. The officer said the petition lacked merit as he has failed to present material particulars as to demonstrate any real prejudice occasioned to him if orders sought are not granted.
Haji told the court that Rotich is a meddlesome interloper seeking orders without any legal and factual basis. He said he had no locas standi before the court.
The DPP said he directed Director of Criminal Investigations George Kinoti through a letter dated May 25, 2018 to carry out investigations on allegations that companies affiliated to Kenya power employees were awarded multi-billion shillings contract at the company.
It is after that investigation charges against individuals before court were recommended according with the law and upon evaluation of all factors revealed in the investigations a decision was reached to charge the accused persons.
Chief prosecutor added that offences relates to irregular and illegal award of tender for supply of labour and transport services for the period 2017 to 2018 vide tender number KP1/9AA-2/OT/PJT/16-17 during which period Dr Ken Tarus was the managing director
Investigation revealed that Dr Tarus was involved in the process leading to irregular award of the said tender and it was revealed Dr Njoroge did not do anything in his part.
Dr Njoroge who was enjoined as the interested party told the court that the application was frivolous, Scandalous, mischievous and abuse of the court process and raises no reasonable cause of action against him as Rotich did not provide any particulars of the law to warrant an investigations and charging him.
