A Kenya Bureau of Standards (Kebs) official in Mombasa who is facing a charge of stealing Sh26.3 million from the agency has lost a bid to stop his prosecution.
Justice Mativo said the court can only intervene if there are cogent and proven allegations of violation of the Constitution, constitutional rights, threats to violation of rights or in clear circumstances where it is evident that the accused will not be afforded a fair trial.
A Kenya Bureau of Standards (Kebs) official in Mombasa who is facing a charge of stealing Sh26.3 million from the agency has lost a bid to stop his prosecution.
High Court judge John Mativo dismissed a petition by Mr Augustine Wachira Maganjo saying he had not demonstrated that his prosecution lacked factual basis or was an abuse of the court process.
Justice Mativo further directed the case against Mr Maganjo who is charged alongside four of his colleagues, proceeds to hearing and determination.
The judge said Mr Maganjo presented a detailed account of his duties and responsibilities and purported to shift blame to his co-accused.
“But that’s how far it goes, the law is that it is not for this court to determine the veracity of or to weigh the strength of the evidence or accused persons defence. That’s a function for the trial court hearing the criminal trial,” said Justice Mativo.
Justice Mativo said the court can only intervene if there are cogent and proven allegations of violation of the Constitution, constitutional rights, threats to violation of rights or in clear circumstances where it is evident that the accused will not be afforded a fair trial.
