DPP Tobiko was never directed to halt Pattni's trial, tribunal told

Witness James Warui Mungai, senior Assistant Director of Public prosecutions giving evidence in the Tribunal Investigating judge Joseph Mutava who acquitted Goldenberg scandal Kamlesh Pattni at KICC on 26/04/2016. (PHOTO: JENIPHER WACHIE/ STANDARD)

A tribunal probing suspended High Court Judge Joseph Mutava heard that the Director of Public Prosecutions was never told to halt the trial of businessman Kamlesh Pattni.

Instead, the Prosecutor said he was served with an order putting on hold the criminal proceedings against Mr Pattni in the Sh5.8 billion fraud case.

Appearing yesterday before the tribunal chaired by Appellate Judge David Maraga, Senior Assistant Director of Public Prosecutions James Mungai said they were not served with the certificate of urgency dated July 26, 2012.

But on August 10, 2012, Justice Mutava served the Prosecutor with a letter granting Pattni leave to apply for judicial review.

The order by the embattled judge further barred the DPP and the Commissioner of Police from pressing fresh charges against Pattni in relation to the Goldenberg scandal.

Pattni and three of his accomplices were facing charges of conspiracy to defraud the Government of Sh5.8 billion.

Pattni was the chief architect of the Goldenberg scandal where the country lost billions of shillings in dubious transactions.

"We were not served with the application of July 26, 2012. But what was served was an order, which was issued by the High Court," said Mr Mungai.

The judgement in which the businessman was cleared in relation to the scandal was prepared by Justice Mutava on March 20, 2013.

It was, however, delivered on his behalf by retired judge Jonathan Havelock.