By Judy Ogutu and Vitalis Kimutai
Tinderet MP Henry Kosgey may just smile his way into the Cabinet after High Court quashed charges of abuse of office relating to importation of over age motor vehicles.
Kosgey was handed a life line by Justice Nicholas Ombija who ruled that the 12 counts of abuse of office charges cannot succeed and that his prosecution would amount to an abuse of the court process.
The judge also ordered that no fresh charges can be brought against him on the same case.
“To charge him would amount to breaching his constitutional rights since the two legal notices he was alleged to breached had not been adopted by Parliament as law,” Justice Ombija, a High Court judge ruled.
The Legal notices were rules and regulations created in 2001 and 2005 respectively.
The judge also rules that it was a case of bad blood between Kosgey and his Permanent Secretary. “It was a case of settling scores,” the judge said.
The prosecution had argued that he had breached the two legal notices but the judge ruled that he could not be charged with laws that had not been enacted by Parliament.
Kosgey was not in court as the ruling was made but his lawyer Julius Kemboy represented him.
It appears Kosgey has a way with courts after he was let off the hook in what was billed the case of his life when charges of crimes against humanity brought against him by the International Criminal Court (ICC) were dropped.
The MP is set to bounce back to the Cabinet after several months in the cold because of the case.
The ODM chairman has lately been actively involved in party affairs after the ICC sitting at the Hague on January 23, this year dropped charges against him relating to the 2007 post election violence.