Joshua Waiganjo case takes a new twist after Haji's application

Joshua Waiganjo in a Nakuru court on July 15, 2016. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Mr Waiganjo is charged alongside former Rift Valley Provincial Police boss John M’mbijiwe and former Anti-Stock Theft Unit boss Remi Ngugi, who are facing abuse of office charges.

  • Mr M’Mbijiwe and Mr Ngugi have denied abuse of office charges and cushioning Mr Waiganjo, who allegedly masqueraded for years without detection.

The trial of Mr Joshua Waiganjo, the man accused of impersonating a senior police officer, took a new twist after the court suspended the ruling on whether he has a case to answer.

Mr Waiganjo is charged alongside former Rift Valley Provincial Police boss John M’mbijiwe and former Anti-Stock Theft Unit boss Remi Ngugi, who are facing abuse of office charges.

Nakuru High Court judge Joel Ngugi Thursday stayed proceedings in the trial court pending the hearing and determination of an application by the DPP.

The application filed in the court on Wednesday seeks to review the decision by Principal Magistrate Joe Omido to close the case without having the investigating officers testify.

Mr Omido, who dismissed the request by the State to reopen the case, had directed that it be mentioned Thursday for a ruling to determine whether Mr Waiganjo had a case to answer.

Barely a day before the ruling, senior assistant DPP Daniel Karori filed the miscellaneous application seeking orders to stay the delivery of the ruling until the application is dealt with.

“Parties having confirmed being served with the application, the court orders that the proceedings in the lower court be stayed pending the hearing and determination of the matter before it,” ordered Justice Ngugi

The DPP wants to be allowed to reopen the case to have the remaining witnesses, including Superintendent of Police Fatuma Hadi, Gidieon Kimilu and Joseph Ngisa, who allegedly had jointly investigated the case, testify.

On August 28, 2017 the court ordered the closing of the prosecution case after confusion arose over the lead detective.

Mr M’Mbijiwe and Mr Ngugi have denied abuse of office charges and cushioning Mr Waiganjo, who allegedly masqueraded for years without detection.

Some 27 witnesses have testified in the matter.

The case will proceed on March 28.