CORD MPs angered over reports immediate Bungoma Senator Moses Wetangula could be prosecuted

Bungoma Senator Moses Wetangula. (Photo:File/Standard)

By ALPHONCE SHIUNDU

KENYA: CORD MPs have reacted angrily to reports that the Director of Public Prosecutions (DPP) had been asked to prosecute the immediate Bungoma Senator Moses Wetangula by the judge who nullified his election.

The MPs reacting to reports that Judge Francis Gikonyo had directed DPP Keriako Tobiko to institute charges against Wetangula told off the judge for the “afterthought” directive.

Justice Gikonyo last week nullified Wetangula’s election, citing a litany of electoral offences including voter bribery and intimidation.

Wednesday, Senate Deputy Minority Leader Abdirahman Hassan (Wajir) led MPs Chris Wamalwa (Kiminini), Eseli Simiyu (Tongaren) and Olago Aluoch (Kisumu West) said the judge ought to have made the prosecution order on the day he delivered his ruling.

“We have thoroughly studied the judgment and at no place does the judge recommend the DPP to institute prosecution. His action purporting to do the same through a letter to the DPP is therefore, an afterthought,” said Eseli, at a press conference attended by 14 MPs.

They said the call for prosecution at a time when Wetangula has filed a notice to appeal the ruling appeared to be a move to make sure that before the appeal is determined, Wetangula is locked out of the race.

Olago charged that the belated action of the judge “exposes” him to having a tribunal investigate his conduct regarding the handling of the case and added that it was “irregular and unlawful” for the judge to issue orders ex-parte, just days after making the ruling.

Abdirahman said there was “mischief” in the way the Judiciary was handling the Cord co-principal.

The angry lawmakers said the judge could be part of a “bigger and sinister” plot to ensure Wetangula is barred from vying in the by-election to try and recapture his seat.

They pointed fingers at the Jubilee government.

“We are well aware of the intentions of these undemocratic and intolerant forces that have exhibited lack of respect for the Judiciary and wish to misuse the Judiciary to further their political interests…Kenya has come a long way from those dark days of judicial lynching,” said Eseli.

IEBC has set December 19, as the day for the Bungoma County Senator, Bomachoge Borabu and Nyaribari Chache Member of National Assembly by-elections.

The Lamu County gubernatorial and Lungalunga Constituency by-elections are set for December 2.