Nairobi — A Chief Magistrate based at the Milimani Law Courts has told off the Public Prosecutor for plunging the Anti-Corruption Court into unending adjournments in a graft case against former Nairobi Governor Mike Sonko.
Eunice Nyuttu expressed her frustrations on Tuesday over an emerging pattern by the Director of Public Prosecutions (DPP) Renson Ingonga to incessantly ask for adjournments via text messages and emails to court, dragging the Sh357 million case.
She noted the case against Sonko and sixteen others had stalled for four years, giving Ingonga’s office the last chance to produce witnesses against the accused.
Nyuttu singled out two prosecutors assigned the case even as she accused the DPP’s office of “tactifully absconding the case and employing a certain pattern of adjourning the case through text messages and sending emails to the court and the EACC lawyer”.
She noted that the unacceptable trend was stonewalling justice with accused persons “returning home without having justice being done.”
Samuel Mwangi Ndung’u, a suspended employee of the Nairobi City County, tearfully recounted how her mother succumbed to an illness while he watched helpless because he could not support her financially.
“As I stand before you I am innocent so are my co-accused although we have been accused of pocketing Sh357 million which we didn’t,” Ndung’u told the court.
He insisted that he had no role in the alleged fraud.
“It’s four years and the prosecutors have hard-rock hearts, they care less whether we get justice or not. They do not even attend court,” Ndung’u lamented.
“I wish I had a share of the Sh357 million we are accused of defrauding the public. I would have assisted my late mother and supported my family which is wallowing in poverty,” he went on saying.
‘Terminate the case’
Sonko’s lawyer Assa Nyakundi for Sonko pressed for the case to be terminated.
“At this pace this case will last in court for over ten years before it is concluded,” Nyakundi observed noting that teh prosecution was yet to produce another thirty-seven witnesses.
Sonko is charged alongside Peter Mbugua Kariuki, Patrick Mwangangi, Ndaka, Andrew Nyasiego and Lawrence Mwangi Mukuru.
Others are Hardi Enterprises Limited, Toddy Civil Engineering Limited, Antony Mwaura Ng’ang’a, and Roses Njeri Ng’ang’a (who are husband and wife). Arbab Auto Limited, ROG Security Ltd, High Energy Petroleum Ltd, and Antony Otieno Ombok alias Jamal.
The Ethics and Anti-Corruption Commission (EACC) told the court it had summoned witnesses but the prosecution was unable to proceed.
The DPP has in the meantime applied to withdraw the case against Antony Mwaura Ng’ang’a and his wife Rose Njeri Ng’ang’a, both directors of Hardi Enterprises Ltd.
The court will rule on the application on Thursday, November 23.