By Sam Alfan.
Director of Public Prosecution Renson Igonga wants a case by former Kenya Private Sector Alliance (KEPSA) chairman Nicholas Alexander Nesbitt Bulet, challenging his prosecution over alleged Sh102 million fraud, dismissed.
Ingonga said in an application supported by the Directorate of Criminal Investigations (DCI) and Bidco Africa limited chief executive officer Vimal Shah that Nesbitt’s application was an abuse of the court process.
The DPP said the application seeking to stop the prosecution was meant to circumvent the criminal justice process and prevent the prosecution from discharging their constitutional mandate.
They urged Justice John Chigiti, who issued orders suspending the criminal case, to lift the suspension and allow the case to proceed.
They told the court there was no evidence to show that prosecution exceeded jurisdiction by bringing the charges or that it breached rules of natural justice or considered extraneous matters or were actuated by malice in undertaking the investigations against him.
“Nesbitt is merely inviting the court to analyse the evidence and make a conclusion as to whether there is a case against them or not, which role lies with the trial court,” DPP told the court.
The DPP told the court that the decision to charge the businessman was informed by the sufficiency of the evidence on record and the public interest and not any other considerations.
“For this court to delve into the sufficiency or insufficiency of evidence to sustain the charge against the accused would be to usurp the mandate of the trial court in the criminal proceedings and is not in the purview of this court to do so,” Prosecution told the court.
The DPP further submitted that it the accused has also not been demonstrated that the actions were irrational, or an abuse of their office.
“There is no evidence of malice, no evidence of unlawful actions, no evidence of excess or want of authority no evidence of harassment or intimidation or even manipulation of court process so as to seriously deprecate the likelihood that the applicant might not get a fair trial as provided under Article 50 of the Constitution,” prosecution told the court.
Nesbit pleaded not guilty to the charges when he appeared before Milimani Senior Principal Magistrate Gilbert Shikwe, 10 months ago.
The charge sheet stated that he committed the offence together with Briton Boytorun Mehment and Bee and Bee Kenya, who has since fled the country.
Nesbitt is alleged to have conspired to defraud Vimal the millions on 24th day of May 2023, in Nairobi County.
It is alleged that the businessmen pretended that they were in a position to convert the millions into US Dollars, at good rates.
He was released on a cash bail of Sh500,000 or an alternative bond of Sh1 million.
