Prosecutor taken to task over stalled Onyonka fraud case

The directorate of Public Prosecutions (DPP) has been accused of bungling a fraud case involving Kitutu Chache South MP Richard Onyonka.

Giving a ruling on application by the DPP to adjourn the case for a month to enable them to prepare for the next hearing, High Court judge Thomas Obutu said the prosecutor had greatly delayed the case.

The matter has been lying in court for the last seven years.

“The prosecutor is messing up this case, otherwise we would have proceeded today,” Justice Obutu said.

Mr Onyonka is accused of conspiracy to defraud the public of Sh21,250,628.

The MP is said to have committed the offence on April 23, 2008. Onyonka reportedly conspired with a colleague to fraudulently acquire the said cash in a sugar purchase from Chemelil Sugar Company.

The case has, however, stalled in court because the DPP has on some occasions failed to show up in court.

Obutu Thursday ordered the prosecutor to appear in court on May 7 for the case to proceed.

Legal Team

Onyonka’s legal team led by lawyer Richard Onsongo told the court their client wanted the matter dispensed with speedily to enable him to concentrate on his role as a legislator.

“Regardless of the outcome, our client wants the matter concluded because it has been dragging here for far too long,” said Mr Onsongo.

The prosecution is said to be relying on 53 witnesses to back the case against the legislator.

However, there have been reports some witnesses were unwilling to testify.

Meanwhile, a Belgian man was arraigned in a Kisumu Court and charged with defilement.

Patrick Dirk, 52, appeared before Senior Resident Magistrate Ezekiel Obina and was accused of sodomising 14-year-old boy at his Kogony resident between April 21 and 22.

Mr Dirk was accused of sexually assaulting the boy as well as touching him inappropriately, contrary to the laws of Kenya.

According to statements from Masculinity Institute Kenya, Western Region Co-ordinator Awatt Awatt, the accused had duped the minor’s parent that he was working on a programme to support widows and orphans through a pastor in Kisumu.

The accused then managed to convince the parent to allow him take the minor with him from Eldoret where the family resides.

It was said that at was his residence in Kisumu where he sodomised the boy.

“The little boy broke the news to the guards of one of the hotels in Kisumu when the accused had taken him for Children Fun Day. The guard then contacted our organisation and we reported the matter to the police together with Tuli Tulitu of Watoto Musilie Organisation,” said Awatta.

Dirk, however, denied the charges and was released on a bond with two Kenyan sureties. He was also directed to deposit his visa and passport with the court.

The case will be mentioned on May 14 while hearing begins on May 27.