BY SAM ALFAN.
Known as a no-nonsense magistrate, Eunice Nyutu has dismissed several applications seeking to terminate cases pending before her.
Although the dismissal won her accolades for her tough stance, many were not happy especially those who were set to benefit from the discontinuation of their cases.
What has, however, shocked many is that the anti-graft chief magistrate has been moved to Keroka law courts in Nyamira county.
Among the cases handled by Nyutu is the trial of former Nairobi governor Mike Sonko and Kenya Revenue Authority chairman Anthony Mwaura and the trial of former Treasury CS Henry Rotich.
In both cases, she rejected applications by the prosecution to drop charges against the former bosses.
Also transferred senior principal magistrate Zainab Abdul has been transferred to Kibera law courts and Esther Kimilu has been transferred.
Milimani Senior Magistrate Esther Kimilu who has been transferred./PHOTO BY S.A.N.
In the Rotich matter, Magistrate Nyutu summoned and even issued a warrant of arrest against former cabinet secretary and Meru Governor Peter Munya after refusing to appear in court to testify.
The prosecution, however, frustrated the trial by refusing to lead the witnesses in giving their testimony.
She later acquitted all the accused persons for lack of evidence.
The magistrate further declined Prosecution case to withdraw charges against Kenya Revenue Authority chairman Mwaura, his wife and companies in a case he was charged alongside former Nairobi Governor Mike Sonko.
In the case, the magistrate didn’t hesitate to condemn Prosecution conduct. She further recommended parliament to come up with policies on how to hold individual prosecutors accountable for failure to discharge their duties as required during trial.
Before these two cases, the magistrate had declined to withdraw charges against a Chinese businesswoman who has been charged alongside her husband in a multibillion scandal.
Magistrate Nyutu dismissed the application by the Director of Public Prosecution Noordin Haji, seeking to drop charges against Zhang Jing saying there was no new material that informed Haji’s decision to withdraw the charges against her.
“I am, therefore not convinced that there is new material that informed the dropping of changes against her as contrasted with other accused persons with similar circumstances to her,” ruled the Magistrate Nyutu.
She said all these letters dated far back as 2013 which documents were in the possession of the DPP.
