Kasarani MP faces graft retrial after Tobiko appeal

The High Court has ordered the retrial of a legislator charged with corruptly receiving Sh100,000 to facilitate the payment of Sh3.3 million to a secondary school.

Supreme Court judge , Justice Isaac Lenaola , who heard the case when he was sitting at the High Court directed the case against the Kasarani MP, Mr John Njoroge Chege be heard before any other magistrate and not senior principal magistrate Peter Ndwiga who had acquitted him.

Justice Lenaola allowed the appeal lodged by the Director of Public Prosecutions ( DPP) Keriako Tobiko challenging the acquittal and ordered the retrial.

Mr Chege has denied three counts of corruptly soliciting a bribe and receiving a benefit contrary to Section 39(3) as read with Section 48(1) of the Anti-Corruption and Economic Crimes Act no.3 of 2003.

He has denied that on July 3, 2013, at Continental House parking yard within Nairobi County, he corruptly received Sh100,000 from Mr Abdullahi as an inducement to facilitate the payment of Sh3,342,716.77  for the construction of a tuition block at Baba Ndogo Secondary School. The money was from the Constituency Development Fund.

Justice Lenaola also dismissed an application by the defence lawyer Kirathe Wandugi that the DPP be compelled to present Mr Abdirahman Mohammed Abdullahi as the first prosecution witness.

He noted that the DPP cannot be directed what to do. “ The Constitution requires the DPP to discharge his duties without getting any directions from any body,” Justice Lenaola ruled.

The judge said the manner in which witnesses are led in testifying in court is solely the duty and the choice of the DPP.

Justice Lenaola’s ruling was read by a senior principal magistrate Lawrence Mugambi when the MP appeared before him for directions.

Mr Mugambi summoned Mr Abdullahi and a police officer attached to Safaricom to appear in court to testify when the case resumes on June 12 and 13.
The MP is out on bond.