Reprieve for Jirongo as court terminates his Ksh50 million fraud case
A Ksh50 million criminal case against former Lugari Member of Parliament Cyrus Jirongo has been terminated.
Milimani Chief Magistrate Francis Andayi on Wednesday dropped the case following a Supreme Court order barring his further prosecution over a fraud forgery case dated back to 24 years ago.
Following the apex court order, the DPP through state counsel Angela Fuchaka urged the court to withdraw the matter under section 87A of the Criminal Procedure Code (CPC).
"Going by the directions of the Supreme Court, l withdraw this case under section 87 A of the CPC," Fuchaka said.
Jirongo through lawyer Omari did not object to the request by the State to withdraw the case.
Consequently, Andayi allowed the DPP request to withdraw the case against Jirongo and ordered a cash bail of Sh 200,000 refunded to the depositor
In 2019, Jirongo moved to Supreme Court challenging a ruling that set aside Justice George Odunga's orders that had quashed the charges against him.
Supreme Court five judge bench led by Deputy Chief Justice Philomena Mwilu faulted the Court of Appeal for setting aside the orders of Justice Odunga that had stopped Jirongo's prosecution.
“It is therefore our finding and in agreement with the learned judge of the High Court that the prosecution of Jirongo is in breach of his right to a fair trial as protected by Article 25(C) as read with Article 50 of the Constitution,” the Supreme Court judges said.
It was the court’s view that a prosecution was being mounted to aid proof of matters before a civil court or Jirongo’s being charged to compromise pending civil proceedings.
They also said the former MP's business partners who are now complainants in the case should have waited for the civil case to conclude before going towards criminal proceedings 24 years later.
According to court records, the dispute arose 30 years ago when the former MP entered a land sale agreement with his former business partners Sammy Kogo and Antoinnette Boit worth Sh20 million.
