Prosecutor row may bog down Gichuru, Okemo and Kosgey cases
The criminal case against Tinderet MP Henry Kosgey was suspended on Thursday on the grounds that the prosecutor was not legally authorised to prosecute.
At the same time, the extradition case against former Kenya Power boss Samuel Gichuru and Nambale MP Chris Okemo may be derailed over the validity of the same prosecutor. (READ: Prosecution delaying case, say Okemo and Gichuru)
In the Kosgey case, High Court judge Nicholas Ombija suspended the proceedings after finding that special public prosecutor Patrick Kiage’s contract may have expired when the case started.
The judge said the case before an anti-corruption court should be halted until a court determines whether or not Mr Kiage had the authority to prosecute.
Mr Kosgey could be let off the hook if he convinces the court that Mr Kiage had no authority to prosecute him. (READ: Kosgey seeks to block graft suit)
The suspended Industrialisation minister faces 12 counts of abuse of office. It was alleged that he used his office to allow the importation of 113 vehicles that were more than eight years old. (READ: Kosgey on 12 counts for abuse of office)
The law forbids the importation of such vehicles except for diplomats, the government, or by Kenyans coming home from abroad.
Mr Kosgey denied the charges. The ruling over Mr Kiage is likely to open a floodgate of similar applications by people he has prosecuted after his contract allegedly expired.
In the Gichuru and Okemo case, the two on Thursday objected to Mr Kiage’s role following the ruling over Mr Kosgey.
But Mr Kiage argued that the order by judge Ombija was not a blanket one and that it only applies to Mr Kosgey’s case.
Mr Kiage was scheduled to present arguments in the extradition case before magistrate Grace Macharia, but Mr Fred Ngatia, the lawyer for Mr Gichuru and Mr Okemo, objected.
Mr Ngatia said that Mr Kiage should not handle the case because the High Court will have to decide if he is a public prosecutor.
He added that in view of the ruling in the Kosgey case, Mr Kiage and Director of Public Prosecutions Keriako Tobiko ought to reflect on the issue.
But Mr Kiage said that Mr Tobiko had been informed about the Kosgey ruling and “he is clear the prosecutor is legally mandated to prosecute the extradition case”.
Mr Kiage will on Friday present documents to support his arguments.
Mr Okemo and Mr Gichuru are wanted in the UK island of Jersey to face charges of money laundering and abuse of office.
They are accused of laundering about Sh900 million. Their case started in July.
