MP Kivuti facing arrest

A warrant of arrest has been issued against Siakago Member of Parliament Mr Lenny Kivuti and senior deputy secretary in the ministry of Nairobi metropolitan Franklin Maganju they failed to appear in court to testify in a corruption case.

Mombasa chief magistrate Rosemelle Mutoka issued the warrants of arrest against the two senior public officials following an application by senior state counsel Alexander Muteti who is prosecuting the case.

Mr Muteti said the two had been served with summons to attend court on Monday but they disobeyed.

The state counsel told the court that Maganju had said he wanted to be facilitated to attend court.

The court heard that the two were informed that they were required to attend court and that they even had telephone conversation with Kenya Anti-Corruption Commission (Kacc) officials.

Mr Muteti said apart from the investigation officer, the MP and the senior deputy secretary are the only witnesses remaining.

The state counsel made the application while seeking an adjournment in the case in which a lawyer is facing a charge of unlawful acquisition of public property and two former Mombasa municipal employees are facing a charge of abuse of office.

Charged

Mr Gideon Meenye, a lawyer practicing in Nairobi and Meru was charged with acquiring KSh1, 025,280 from the Mombasa municipal council in respect of collection fees paid to the council by rate defaulters, yet the money was not due to him.

He allegedly committed the offence on diverse dates between May 24 and September 26, 2006.

Others, Mr Shed Simotwo and Mr Julius Ogendo were charged with abuse of office, where it was claimed that on diverse dates between May 24 and September 26, 2006, being the town clerk and town treasurer respectively of the Mombasa municipal council, they used their offices and improperly conferred a benefit of Sh1, 025, 280 to Mr Meenye.

The defence had opposed the application for adjournment noting that the accused have been coming to court obediently.

“There is no obligation an accused has to wait for a witness. The court ought not to wait for any witnesses,” said lawyer Gikandi Ngibuini representing Mr Meenye.

Prior to the application for adjournment of the matter, two witnesses among them a former Town Clerk Mr Wisdom Mwamburi testified.
The case has now been fixed for hearing on September 5.