The anti-corruption court has called the DPP to account for his nonattendance in a Sh356 million fraud case against former Nairobi Governor Mike Sonko.
The prosecution failed to raise the case without providing an explanation, the court noted on Thursday when the subject was brought before trial magistrate Eunice Nyutu for a subsequent hearing.
Nyutu attacked the prosecution, claiming that they are not only embarrassing the court but also the accused, who continue to appear in court with little progress being made on their case.
Sonko and sixteen other individuals were accused of economic crimes, office misuse, obtaining property without authorization, and making irregular payments, resulting in a Sh356 million loss for the county.
Due to prosecution attorney Annette Wagia’s inability to present evidence in court, defense attorneys Dr. John Khaminwa and Assa Nyakundi filed an application to discontinue the Sh356 million graft case under Section 24 of the Criminal Procedure Code (CPC).
Nyutu stated that it is evident from the prosecutors’ actions that they do not wish to pursue the graft case, even if he declined to close it. They’re giving it up.
Nyutu declared that the DPP and the prosecutor were acting in a disrespectful manner.
The magistrate ordered that the National Council of Administration of Justice be consulted regarding the case’s prosecution.
According to the magistrate, public prosecutors must handle cases in a way that advances the general welfare and interest of the public.
She stated it is regrettable that the prosecution has decided to use blatant courtroom manipulation to get the Sonko case adjourned.
She did point out that the matter is one of public interest, and the public cannot be made to pay for the prosecutor’s and the DPP’s transgressions to justify interfering with the legal process.
She went on to say that I refused to dismiss the case for lack of prosecution because of these reasons.