Kosgey has case to answer, rules court

Tinderet MP Henry Kosgey could face up to 10 years in jail after an anti-graft court ruled that he has a case to answer over abuse of office charges.

inderet MP Henry Kosgey could face up to 10 years in jail after an anti-graft court ruled that he has a case to answer over abuse of office charges.

The suspended Industrialisation Minister faces 12 counts of the charge with each carrying a jail term of 10 years.

The suspended Industrialisation Minister faces 12 counts of the charge with each carrying a jail term of 10 years.

This means the MP could be jailed for 120 years, if this were practical. If found guilty, the court has the discretion to have the sentences run concurrently or consecutively.

Principal magistrate Elijah Obaga yesterday set the stage for Mr Kosgey’s trial by ruling that the State had established a credible case against.

“Having carefully gone through the evidence adduced by the prosecution and witnesses, as well as the submission by the State and defence counsels, I find that the evidence has disclosed a prima facie case against the accused on all 12 counts facing him,” Mr Obaga ruled.

According to Section 46 and 48 of the Anti-Corruption and Economic Crimes Act, any person found guilty of an offence of abuse of office is liable for a fine not exceeding Sh1 million or a jail term not exceeding 10 years or both on each count.

Mr Kosgey is accused of committing the offences while he was serving as the Industrialisation Minister.

He is said to have used his office to improperly exempt individuals and companies importing a total of 113 over-age vehicles from the application of the Kenya Standards Code of Practice for road vehicles.

According to the code of practice KS1515:2000, the government outlawed the importation of vehicles that are more than eight years old except those of government interest, vehicles for the diplomatic corps or those brought by returning citizens.

The restriction was meant, among other things, to guard against dumping old vehicles into the country and protect the environment from pollution.

In its submissions to prove the case against Mr Kosgey, the State produced 22 witnesses.

State counsel Patrick Kiage submitted that the suspended minister acted arbitrarily without consulting the National Standards Council, whose duty was to advise the minister on matters relating to vehicle importation.

It also emerged that the Kenya Anti-Corruption Commission (Kacc) warned the minister to desist from flouting the rules by allowing importation of over-age vehicles, but he disregarded the warnings.

A witness told the court that Kacc director Patrick Lumumba wrote to Mr Kosgey asking him to stop clearing vehicles older than eight years since none of those exempted were for public benefit.