Co-accused persons in Muthomi graft cases want hearing moved
Four people charged alongside Tharaka Nithi Governor Muthomi Njuki wants the court to transfer their Sh34 million graft case to Chuka law courts.
Kenneth Mucuiya Ngai, Caroline Sheila Wambui, Japheth Gitonga Nyange and Westomaxx Investments Limited says no valid reason has been provided by the prosecution to justify the filing of the case at the Milimani Law Courts, Nairobi, especially given that the offences are said to have been committed in Tharaka Nithi.
Through lawyer Muthomi Thiankolu, the four say they will suffer harm or prejudice should the Nairobi Anti-corruption court take further steps for the hearing and determine the case.
They also claim that the court lacks jurisdiction to hear the case as the offences facing the accused persons were committed at Tharaka Nithi County.
“The charge sheet states that the applicants committed the alleged offences within Tharaka Nithi County.
The Jurisdiction of the court, however, is limited to offences of corruption and economic crimes within Nairobi county.
Tharaka Nithi falls outside the geographical jurisdiction of this court under section 3 and 4 of ACECA,”
The court can only try offences committed within the local limits of its geographical Jurisdiction.
They further argue that the special magistrate must be gazetted, prior to the institution of proceedings, to try offences of corruption or economic crimes committed within the geographical area where the actus reus is alleged to have taken place.
They also argue that the orders and directions so far issued by the court in the matter since the accused were charged are null and void.
At the same time, the accused persons also argue that the nine charges facing them should be declared unconstitutional or illegal since the charges are duplicate, misconceived, oppressive and an abuse of the court process.
The accused persons were involved in offences relating to purchase and installation of an incinerator at Tharaka Nithi.
The DPP opposed the application to have the case transferred from saying that the accused persons have not demonstrated the with sufficient evidence the prejudice they will suffer if the matter is prosecuted in Nairobi.
The prosecution says that the case was filed in Nairobi on the basis that the offences in the case were committed in various jurisdictions.
“The investigations established that the incinerator was imported from China and supplied to Tharaka Nithi to a company associated to Governor Muthomi Generation Electronic & Allied Co.
