Former Cabinet minister Maina Wanjigi and his son Jimi Thursday suffered a blow after the Director of Public Prosecutions failed to confirm the withdrawal of criminal charges facing them.
When the matter came up for mention before Nyeri Resident Magistrate Ruth Kefa, the prosecution did not respond to the defence lawyer Kiogora Mugambi who had requested that the cases be dropped.
The State was on Thursday expected to give its position on the trial, but it remained silent.
The criminal proceedings, which the High Court suspended on March 1, are against the two together with a security guard Nginyo Mwaura and lawyer Memba Muriuki.
The State wants them prosecuted for dealing in illegal firearms.
Mr Mugambi had told the court that he had information that all charges relating to the criminal proceedings against his clients would be terminated.
He added that four applications his clients filed on March 1 at the Milimani Law Courts challenging their prosecution, were yet to be determined.
He said when the applications came up for mention before Justice Pauline Nyamweya last week, the judge said she would not allow further delay in determining whether the criminal trial infringes on his client’s rights.
“The judge said she would not continue mentioning the matter in the hope that DPP was going to withdraw the charges at the lower court in Nyeri. She said it must continue and fixed a hearing date,” Mr Mugambi said.
The High Court stopped the criminal proceedings at the lower court until the applications are heard and determined.
The cases will be mentioned on December 6 for further directions.