Haji approves prosecution of Chris Karan for forgery

OM candidate in Ugenya by-election Chris Karan. He stands accused of forging a letter he used in the election petition. PHOTO | FILE | NATION MEDIA GROUP

As Chris Odhiambo Karan battles to retain the Ugenya parliamentary seat, fresh trouble awaits the Orange Democratic Movement (ODM) candidate after the Friday by-election.

In a Gazette notice dated April 5, Kenya’s chief public prosecutor has approved the prosecution of Mr Karan for forging a letter he used in the election petition filed by his rival and former MP David Ochieng'.

Mr Noordin Haji gave the Ethics and Anti-Corruption Commission (EACC), which investigated the origin of the hospital letter, the greenlight to file forgery charges against the candidate.

Mr Karan allegedly presented a forged letter indicating that he had been admitted to Alfarooq Hospital, as a justification for responding to the petition after the deadline.

EACC commission had on October 16, 2018 written an inquiry to Mr Haji recommending charges against the then embattled MP for “uttering false affidavit”.

“…the MP did not file his response immediately meaning he was statutorily barred from filing a response to the petition. He however filed a notice of motion dated September 25, 2017 seeking to have his response to the petition,” read part of the EACC inquiry.

Mr Karan is said to have sworn a supporting affidavit on September 23, 2017 where he presented the letter claiming he was admitted to the facility with fever and vomiting from September 6 to 13, 2017.

He said he was diagnosed with dengue fever.

However, the hospital’s director, Dr Salauhddin Farooqui, denied ever having such a patient at his facility.

He said they have a computerised patient registration system and it does not contain Mr Karan’s name.

“We hereby confirm that the above referred Christopher Odhiambo Karan was not admitted in our health facility. Attached letter presented by him was not issued from our facility,” the doctor said in his letter.

Responding to complaints it received, EACC carried out its investigations and established that the MP was neither sick nor admitted to the alleged hospital.

“He thus deposed an affidavit with the intent of misleading the court,” the commission concluded.

A report forwarded to Mr Haji recommended that the former lawmaker be charged with forgery, uttering false document, perjury and providing misleading information in breach of the Leadership and Integrity Act.

According to the gazette notice published on April 5, the DPP on March 4 returned the inquiry file accepting recommendation for his prosecution.