The Star (Nairobi)

25 January 2013

Kenya: Kiambu Traffic Boss in Trouble Over His Wealth

The High Court in Mombasa High yesterday directed the Kenyan anti-corruption watchdog to charge a senior traffic police officer suspected of concealing wealth acquired illegally.

Justice Evans Mureithi directed the Ethics and Anti-corruption Commission to charge Chief Inspector Gabriel Mbiti Mulei for "under declaring his wealth".

The former Malindi traffic base commandant will appear in an anti-corruption court to answer to several charges of submitting misleading information on his wealth declaration form in 2011.

Justice Mureithi directed the EACC to produce Mulei, who is now Kiambu traffic boss, in court within seven days to take plea against his charges.

Mulei, through lawyer Jared Magolo, filed a petition last December seeking to stop the EACC and the Director of Public Prosecutions from charging him.

Mulei said taking a plea for the charges will amount to incriminating himself. He said the charges are malicious. He said the EACC refused to furnish him with the wealth declaration form which was used for charging him. He said this violates his constitutional rights to a fair trial.

However the EACC, through lawyer Phillip Kagucia, said they were not obligated to furnish him with the evidence since he has not yet taken the plea.

"The requirement to supply evidence in advance does not mean that all evidence must be disclosed before the trial court," said Kagucia quoting High Court petition 317 of last year.

"Article 50 (2) (j) seek the rights of an accused person. Having declined to take plea the petitioner is not an accused persons...prosecution is not required at this stage to give evidence." Justice Mureithi noted that the petitioner's right had been breached by the EACC.

Ads by Google

Copyright © 2013 The Star. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.