BY SAM ALFAN.
Graft case against Tharaka Nithi Governor Muthomi Njuki has been referred to the High Court for interpretation as to whether they were charged under the correct Act.
Muthomi and 20 others face graft charges but they have challenged the case arguing that they do not under which Act they were charged.
Trial Magistrate Douglas Ogoti directed the file to be taken before the High Court for interpretation.
Defence lawyers pointed out that the charge sheet mentions of the penal code and also the Anti-corruption and Economic Crimes Act.
But under section 214 of Criminal Procedure Code (CPC) court can order the amendment of the charge against the accused persons giving prosecution room to prefer fresh charges.
Ogoti, however dismissed an application for the case to be referred to Tharaka Nithi.
It was the argument of the lawyers that the Director of Public Prosecution had the opportunity to charge them in Embu, Meru or even Tharaka Nithi to cut down expenses they incur.
Njuku and his co-accused denied charges of conspiracy to defraud the county government of Sh34 million through an unprocedural tendering process.