The prosecution has been dealt a blow in the case against suspected police imposter Joshua Karianjahi Waiganjo after the court rejected their third attempt to have a key witness testify in court.
Justice Justice Joel Ngugi dimmed the prosecution’s hopes of having the investigation officer testify in the case against Mr Waiganjo and his co-accused John M’mbijiwe and Anti-Stock Theft Unit boss Remi Ngugi after he dismissed its application to reopen its case.
In his ruling Friday, Justice Ngugi upheld the decision by the trial magistrate Joe Omido made on August 28, 2017 to close the prosecution case after 39 witnesses had testified.
According to Justice Ngugi, the prosecution in their application to reopen their case only wants to re-do their case which will only, to the detriment of the accused persons, prolong its determination.
“Looking at the history of the trial, it is clear that affording the prosecution another opportunity to prolong the trial would be highly prejudicial to the defense,” ruled justice
Justice Ngugi said allowing the application would abrogate the constitutional right to fair and speedy trial as well as permit the prosecution to re-open the case especially when the defense has already filed its final submissions before the delivery of No case to answer ruling.
The DPP through State Counsel Daniel Karori had in its application dated March 7, sought for a review of the orders made by the trial magistrate to close the prosecution case on grounds that a key witness had not testified in court.
Mr Karori had complained that the trial court magistrate had refused to grant the Investigating officer Fatuma Abdi enough time to give his testimony and proceeded to set a ruling date for the no case to answer.
The three suspects however, through their defence counsels led by David Mongeri, successfully shot down the application which they claimed was meant to delay the case at the expense of their clients’ rights.
In the case, Mr M’Mbijiwe and Mr Ngugi are battling abuse of office charges where they are also accused of cushioning Mr Waiganjo who allegedly masqueraded as a senior Police officer for years without detection.
The High Court had suspended the delivery of the no case to answer after the application was filed by the DPP.
This was the prosecution’s third attempt to re-open its case after filing the first one at the High Court in January 26, 2018 five days ahead of the ruling date which was referred back to the trial court.
The application was dismissed on February 21, 2019 before the DPP filed the present application before Justice Ngugi.
The ruling by justice Ngugi now paves the way for the trial court to deliver its no case to answer ruling.
Credit: Source link