16 August 2012

Kenya: Ex-CDF Chief Opposes Case Withdrawal

The Anti-Corruption Court has given Director of Public Prosecution Keriako Tobiko more time to respond to application opposing his decision to withdraw a graft charge against two former Makadara CDF officials. Former CDF chairman Vincent Shimoli and secretary Micael Geoffrey Maina have in their separate affidavits, objected an attempt to withdraw corruption case against them.

The two are charged with corruptly offering Sh300,000 to Makadara MP Gideon Sonko Mbuvi in order to allow them withdraw some money from CDF account. When the case came up before senior principal magistrate Lucy Nyambura, state counsel Daniel Karori, from DPP's office confirmed that the prosecution has been served with two affidavits, one from Shimoli and the other from Maina.

Karori who is being assisted by chief inspector Robert Kyaa, asked for more time until September 14 to enable DPP to reply objection application by the two accused persons. The two are opposing DPP's attempt to withdraw the case under section 87 (a) of Criminal Procedure Code (CPC). According to the section, the two officials can be re-arrested and charged with the same offence.

They said in their objection application filed at the Anti-Corruption Court registry that the decision by the DPP to seek to discontinue the proceedings is not backed by any reason and is unjustified. Shimoli was the first to file his affidavit opposing the prosecution move to withdraw the case after seven witnesses have already testified. The two said that the request is in any event in breach of their constitutional rights to a fair and expeditious trial.

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