BY NT CORRESPONDENT .
A Nairobi Court has ordered the main suspect in a Sh1 billion gold scam to appear in court to answer to the charges within seven days.
The court had ordered Joseph Lendrox Waswa to appear in court and plead to the charges but failed to show up citing medical grounds.
Milimani Magistrate Esther Kimilu rejected an application by Waswa’s lawyer to postpone the plea taking for at least 60 days.
Instead, the magistrate agreed with prosecution and ordered the flamboyant businessman to appear in court on October 18, 2023 and plead to the charges.
According to the charge sheet, Waswa is accused of possessing fake US dollars.
It is alleged that he was found with that $634,178 on September 7, 2023 at Villa Mawe in Garden estate, Nairobi. The charge stated that he committed the offence jointly with others not before court.
However, Waswa has lodged afresh application before Magistrate seeking to suspend plea taking pending hearing and determination of this application.
He had also sought the suspension of his prosecution awaiting the hearing of an application before the High Court, challenging plans by the Director of Public Prosecution and DCI to prosecute him over allegations of being in possession with fake currency notes.
“An interim order be issued deferring the plea pending hearing and determination of this application,” pleaded Waswa.
In the High Court application, Waswa is challenging the legality of the evidence acquired by the DCI to be used against him. According to the suspect, the evidence was acquired unlawfully and unconstitutionally and will render the trial unfair.
“I has a prima facie case against DPP and DCI that have raised triable issues before the High Court on the conduct of criminal investigations and arbitrary confinement of arrested persons which seek to impugn the legality and constitutionality of these proceedings hence it is only prudent and just to stay these proceedings which may lead to a violation of the fundamental rights of the applicant herein should the High Court decide in his favor,” he claims.
The businessman is seeking the termination of the case, investigations, and charges against.
