DPP Keriako Tobiko wants Governor Oparanya tried over summons

Director of Public Prosecutions Keriako Tobiko has urged the High Court to dismiss claims that a criminal case facing Kakamega Governor Wycliffe Oparanya is political and unconstitutional.

Through Assistant DPP Lilian Obuo, Tobiko said the petition challenging Mr Oparanya's prosecution over his failure to honour Senate summons does not raise weighty constitutional issues as alleged.

Yesterday Ms Obuo told High Court judge George Odunga that the governor's file has since been reviewed and it raises nothing weighty hence he should stand trial.

In his petition, the governor had claimed the summons which were issued by a committee chaired by Senator Boni Khalwale were "unconstitutional and unlawful."

However, so far there is no court order stopping Mr Oparanya's prosecution or otherwise pending the hearing of the petition. Mr Oparanya's lawyer Peter Wanyama and Ms Obuo agreed to have the petition heard on a priority basis so as to determine the fate of the criminal case pending at the Chief Magistrate's court in Nairobi.

Mr Wanyama told Justice Odunga the petition is not meant to derail the hearing of the criminal case which is set for mention on January 25. The magistrate's court had set the date for getting directions from the High Court and for the Kakamega Governor to know his fate as to whether he will answer to the criminal charge of "disobeying a lawful witness summons,"

The offence was allegedly committed on November 13, 2015. Mr Oparanya is facing the charge of disobeying a lawful order contrary to section 131 of the Penal Code.

The charge states that nn November 13, 2015 at Kakamega, being governor, Oparanya disobeyed a witness summons issued by the Senate Assembly Sessional Committee on County Public Accounts and Investment to appear before it in Room No.4 main Parliament Buildings.

Yesterday Judge Odunga yesterday directed that Oparanya's petition be heard on February 9.

Ms Obuo said after perusing the politician's case the DPP was of the opinion that the petition should not be entertained. "Nothing weighty is raised and we are ready to proceed come January 25,' she said.