Governor Wycliffe Oparanya opposes joint charges

Governor Wycliffe Oparanya has opposed the State's demand to have him charged jointly with 11 others.

The governor said the joint charge would deny him the right to a fair trial.

Mr Oparanya and the 11 are facing assault charges that include causing grievous bodily harm, arson and malicious damage of property.

State Counsel Paul Juma and private prosecutor John Manase filed an application before Chief Magistrate Bildad Ochieng' seeking to consolidate the governor's assault charge with eight other related charges of assault.

Mr Juma argued that the offences were founded on the same facts and that the same witnesses would be called to testify hence the need to handle the accused jointly.

"The offences of the respondents (Oparanya and the 11) took place on April 26, 2015, at the same place. They have the same witnesses and the charges were founded on the same facts and occurred from the same transaction," said the State lawyer.

• .

  Keep Reading

• 
  Oparanya lectures Nakhumicha for spending more time in funerals than her office
• 
  Love, hate business: The captivating web that entangled Kitany and Linturi
• 
  Fourteen houses torched in row over school book torn by pupil
• 
  How prepared are we for oncoming killer El Nino?

Opposing the consolidation, Oparanya, through his lawyers Gregory Ombito and Nyaundi Tuiyot, argued that the State was bent on hurting the delivery of justice to the accused.

He argued that the State had had all the time since the crimes were committed to merge the charges, and wondered why it was calling for the consolidation almost two years later.

He argued that his incitement charge was number one on the intended consolidated charge sheet and was distinct from eight charges preferred against the 11.

The governor also told the court that he had filed a constitutional petition in the Court of Appeal to contest pleading to his charge.

"My appeal will be heard on Thursday in the Kisumu appellate court yet the least time an appeal can be heard and determined is nine months. The other accused would suffer the consequences of delayed trial if my charge is to be consolidate with theirs. Besides, seeking to consolidate the charge while the appeal is pending would be mischievous," he argued.

EIGHT COUNTS

He accused the State of being determined to embarrass him by ensuring that he sat through the proceedings of the other 11 when he had only one of the eight counts on the intended consolidated charge sheet.

"That will lead to a vexatious trial and will be expensive for the governor besides complicating the trial because the evidence for incitement to violence, a charge my client faces, is not similar to that for arson," said Mr Ombito.

Oparanya also took issue with the wording on his charge, terming it "offensive and unconstitutional".

The charge reads: "On April 26, 2015, at Mabole village in Kakamega, without lawful excuse (Oparanya) uttered words, 'Kimila mpaka ifanyike, boma itandazwe (tradition must be followed, the homestead must be cleansed', words which led to mourners burning houses, damaging property and causing injuries to Wilsham Malele, Emilly Maika, Roseline Linet and George Namai."

The State however opposed the governor's request, saying the constitutionality of the charge details was dismissed in the High Court and it was the same argument the governor was taking to the appellate court.