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Big win for Haji as High Court rejects disclosure of evidence prior to prosecution

Justice Mumbi Ngugi

The High court has set aside orders by a Magistrates court requiring the Director of Public Prosecutions to disclose evidence prior to charging and prosecuting corruption cases.

Justice Mumbi Ngugi on Friday said the orders issued by Anti-corruption Magistrate Douglas Ogoti on May 14 were irregular.

Ogoti had on the said date delivered a ruling directing investigative agencies and the DPP to ensure that disclosure in each prosecuting file is done prior to the registration of a plea. 

The ruling was made in relation to Nairobi Governor Mike Sonko’s Sh357 million graft case.

That meant that no corruption cases would be accepted for plea unless it was accompanied by witness statements, expert evidence, video and audio recordings among others.

DPP Noordin Haji and DCI boss George Kinoti during a past briefing.
DPP Noordin Haji and DCI boss George Kinoti during a past briefing.
Image: PATRICK VIDIJA

Aggrieved with the decision, the DPP moved to the High court seeking to set aside the said orders.

On Thursday, Mumbi said Ogoti arrogated to himself powers that have no basis in law in purporting to reject a charge sheet because evidence had not been disclosed.

"I find no provision in law that empowers the court before which a charge sheet is placed for purposes of taking plea to reject the charge sheet on the basis that it is not accompanied by an inventory of the evidence the prosecution intends to rely on," she said.

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