Politics
Court urged to reopen Mututho-link firm case
Naivasha MP John Mututho. The High Court was on February 22, 2012 asked to reopen a case against three former employees of Kenyatta National Hospital accused of paying Sh57 million to a company associated with Mr John Mututho. Photo/FILE
Posted Wednesday, February 22 2012 at 22:30
The High Court was on Wednesday asked to reopen a case against three former employees of Kenyatta National Hospital accused of paying Sh57 million to a company associated with Naivasha MP John Mututho.
The Director of Public Prosecutions, Mr Keriako Tobiko through special prosecutor Patrick Kiage, urged Mr Justice Fred Ochieng to direct the trial court to re-open the case.
Magistrate John Ndwiga closed the case against former hospital director Hosea Waweru, ex-planning manager Martin Oluoch and hospital planner James Murwithania on February 23, 2011, because Mr Kiage failed to produce witnesses.
Dr Waweru allegedly approved payment of over Sh57 million to M/s Countryside Suppliers, a company associated with Mr Mututho for the supply of bedside lockers 12 years ago.
Mr Kiage said the magistrate erred in closing the case before the State could call five crucial witnesses.
He told Justice Ochieng the case was closed when he was attending a seminar organised by the Kenya Anti-Corruption Commission.
But the three vehemently opposed the application saying the “conduct of the prosecutor is questionable.”
Dr Waweru’s lawyer, Mr Francis Etole, told Justice Ochieng there had been inordinate delay in the trial, which had dragged in court for six years.
The judge will decide whether to review the magistrate’s decision on March 22.
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