BY SAM ALFAN.
Kapseret Member of Parliament Oscar Sudi lost his bid to prohibit Director of Public Prosecution Noordin Haji from instituting any further criminal proceedings against him over his academic qualification.
The MP also failed to quash the forgery charges of his academic certificates pending against him before Milimani chief Anti-Corruption Court.
Judge Hedwig Ong’undi dismissed entire Sudi petition for lack of merits.
“The Court has found no violation of any of the rights as claimed by the petitioner. The upshot is that the entire petition is devoid of merit. It is dismissed with costs”, ruled Judge Ong’udi.
In her judgement, the judge said the court cannot therefore direct the DPP on what to charge or what not to charge an individual with.
Sudi filed a petition seeking several orders claiming his rights to dignity were violated.
In his petition, he sought to be compensated with Sh 10 million by the Ethics and Anti-Corruption commission, DPP and attorney general for violating his constitutional rights.
The MP also had applied to the court to prohibit the DPP from instituting any other or further criminal proceedings against him over his academic qualifications and also to quash the criminal charges instituted against him.
Sudi was charged in October 2016 with three counts of forging academic certificates while seeking clearance from the Independent Electoral and Boundaries Commission to contest the March 4, 2013 general election.
According to the prosecution, the MP forged his diploma in business management allegedly issued by the Kenya Institute of Management as well as a Kenya Certificate of Secondary Education qualification reportedly issued by Highway High School.
He was also charged with giving false information to IEBC officers and for misleading Ethics and Anti-Corruption Commission officials who were investigating the matter.
Investigations had further revealed that he made a false declaration under oath through a self-declaration form to IEBC.
According to various court documents correspondent filed in court, Kenya Institute of Management said Oscar Sudi, Kapseret Member of Parliament was not our student.
This is according to report from the management school by one John Masheshe.
His form four certificate according to a letter from the Kenya National Examination Council to EACC is also a forgery since there are no records of a student by the name Oscar Kipchumba Sudi.
“The copy of the certificate was made from a forged document on the basis that, there were no records of any student named Oscar Kipchumba Sudi having sat for KSCE in the year 2016.Further , that there was no school by the name Highway High School and school code appearing on the certificate belonged to Parklands Secondary School” Kashu replied to EACC.
The investigator in his affidavit says upon visiting Highway Secondary school where the MP provided copies of admission records between the years 2003-2006 and the KSCE certificate collections records for the year 2007, The records showed that there was no student by the name Oscar Kipchumba Sudi who enrolled or sat for KSCE examination at the said school.
The documents examiner in his opinion disapproved the leaving certificate provided to IEBC by Sudi alleged to have been signed by the said School principal Jadiel Kaburu Mbogori .
EACC and DPP accused Sudi of attempts to delay the trial in light to contest the Kapseret Member of Parliament using the petition before the Anti-corruption and Economic Crimes Division.
Sudi was arraigned and charged before the Nairobi chief Magistrate court Anti-corruption senior Principal Magistrate Lawrence Mugambi where he pleaded not guilty and was released on a cash bail.