VOCAL JUBILEE MP SET TO LOSE HIS PARLIAMENTARY SEAT

The criminal trial Kapseret MP Oscar Sudi is facing, over allegations of falsifying his academic credentials, will proceed to a full hearing after the court of appeal threw out his bid to stop the prosecution.

Mr Sudi wanted the appellate court to stop the case, which is pending at the Anti-Corruption Court, Nairobi, until his appeal against the decision of the High Court to dismiss a similar request is determined.

He told the appellate court that he has an arguable appeal, which will be rendered nugatory should the criminal proceedings be allowed to continue.

But the court threw out the application after finding that it has no powers to stop a Magistrate’s Court from hearing a criminal case.

“Under Article 164(3) of the Constitution, the court has jurisdiction to hear only appeals from the High Court and any other court or tribunal. The court envisaged here is not the Magistrates’ courts,” ruled the three-judge bench.

While opposing Mr Sudi’s application, the Ethics and Anti-Corruption Commission (EACC) said seven out of 14 prosecution witnesses had already testified and that it was in the public interest for the prosecution of the lawmaker to proceed to its logical conclusion.

The MP is battling nine criminal counts related to forgery of official academic documents, making a false statutory declaration and providing false information to the Independent Electoral and Boundaries Commission (IEBC) while seeking clearance to vie for the parliamentary seat in 2013.

Prosecutors say the forged academic documents included a diploma in Business Management certificate purported to have been issued by the Kenya Institute of Management (KIM).

The other document is a Kenya Certificate of Secondary Education (KCSE) certificate allegedly from Highway High School and purported to have been issued by the Kenya National Examination Council (Knec).

Rights issue

The criminal case was opened following investigations by the EACC and the Directorate of Criminal Investigations (DCI).

In the High Court judgment that Mr Sudi wanted to challenge, Justice Hedwig Ong’udi dismissed his claims that the investigations that gave rise to the criminal case were conducted in violation of his constitutional rights.

He had argued that the EACC violated his right to privacy in their investigations and had urged court to award him a compensation of Sh10 million for the alleged violation.

Through lawyer Tom Ojienda, the MP submitted that the EACC had no mandate to investigate a criminal offence and that pressing of the criminal charges was selective prosecution meant to cause injustice to him.

He also argued that the EACC had usurped the powers of the National Police Service, which is the only one mandated to conduct investigations in criminal matters.

But Justice Ong’udi ruled that the petition was devoid of merit. She said when the EACC was investigating the MP, it was enforcing provisions of Chapter Six of the Constitution on leadership and integrity of state officers.

The court also ruled that Article 252 (1) (a) of the Constitution gives the EACC power to conduct investigations on its own initiative or on a complaint made by the public.

It also found that the Director of Public Prosecutions (DPP) received a report from the EACC, evaluated the evidence independently and made a decision to charge the MP.

Justice Ong’udi found there was no evidence to show that the DPP acted unreasonably, maliciously or with bias.

By Nation Africa

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