Kenya NGOs carry petition towards prosecutors for mishandling dams case – JURIST


Transparency International, the Kenya Human Rights Commission (KHRC), Katiba Institute and Africa Center for Open Governance (Africog) lodged a petition on Tuesday towards prosecutors Geoffrey Obiri and Oliver Mureithi. The organizations accused the 2 prosecutors of mishandling the Arror and Kimwarer dams case, in search of accountability for his or her reckless dereliction of responsibility.

In early December, an anti-corruption court docket acquitted former Treasury Cupboard Secretary Henry Rotich and eight co-defendants on fraud charges associated to the Arror and Kimwarer dams, which have been inflated to a worth of 63 billion Kenyan shilling. The defendants have been charged with unlawfully initiating and financing the dams, defrauding the federal government of USD 501,829,769. The court docket criticized the prosecution’s poor dealing with, noting that solely eight witnesses out of 49 appeared in court docket. Obiri and Mureithi, the prosecutors, additionally did not interrogate 41 witnesses and refused to name many others.

In response, the petitioners requested the court docket to raise the prosecution’s immunity and maintain the prosecutors personally liable if the accused individuals selected to sue for malicious prosecution. They argued that the prosecutors violated Article 157(10) of Kenya’s Constitution by failing to query witnesses. The Director of Public Prosecutions’ (DPP) resolution to halt investigations on account of “agency directions” additionally violated Article 73(2). Moreover, the petitioners asserted that the prosecutors’ acts and inactions have been in unhealthy religion, doubtlessly making them personally liable underneath Part 5 of the Workplace of the Director of Public Prosecutions Act.

In accordance with the petition:

Burdening the general public with the lack of a prosecution value Kshs 63 billion of public funds and fee of damages for malicious prosecution due to prosecution counsel’s reckless dereliction of responsibility violates Article 10 and 201 of the Structure. Article 10 calls for good governance whereas underneath Article 201(1) public cash should be utilized in a prudent and accountable manner.

The prosecutors discharged a number of witnesses, together with former Cupboard Secretary CS Peter Munya.  In accordance the Justice of the Peace, the prosecutors saved asking for adjournments awaiting for the brand new DPP to imagine workplace. The Justice of the Peace declined to adjourn the case, additional taking situation with the directions being given to the 2 prosecutors dealing with the case.

Different co-defendants within the case included: Kennedy Nyakundi Nyachiro, Jackson Njau Kinyanjui, David Kipchumba Kimosop, William Kipkemboi Maina, Paul Kipkoech Serem, Francis Chepkonga Kipkech, Titus Muriithi and Geoffrey Mwangi Wahungu—all of whom have been charged with abuse of workplace over the development of the dams.

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