By Judy Ogutu
Former Industrialisation Minister Henry Kosgey has a case to answer in an abuse of office charge against him.
Anti-Corruption Court Principal Magistrate, Elijah Obaga, yesterday put the Tinderet MP on his defence. Kosgey had through his advocate, Julius Kemboy, urged the court to find he had no case to answer and acquit him.
Appearing together with Kemboy is Allan Kosgey. Kemboy submitted that the prosecution had failed to call as witnesses three individuals he is alleged to have granted exemptions in relation to overage vehicles. "Those persons were not called as witnesses," he said.
We do not have evidence of benefit if any, that they received from the minister. If allegation is that benefit given to these persons were vehicles, they (prosecution) have in their evidence confirmed to court that seven motor vehicles were released by Kenya Revenue Authority (KRA)," he said.
He accused the Kenya Anti-Corruption Commission (KACC) of using its mandate in a discriminatory manner by failing to charge former minister Mukhisa Kituyi, who had also granted exemptions.
"Is it really wrong to grant exemptions in the manner Kosgey did or is it because Kosgey granted exemption that it became an offence? To place an accused on his defence in the face of express admission by KACC of double standards is to dignify what is otherwise blatant abuse of statutory mandate," he submitted. The former minister also dismissed the evidence of a director of Yuasa International Limited, Mr Choudhry Akhphar, saying his evidence was a lamentation.
"The witness did not produce evidence of a similar application that they had made to the minister.
The accused is shocked that simply by exercising his discretion to an applicant he commits an act of discrimination," he said. The prosecution, which closed its case after calling 21 witnesses, maintained it had proved its case and urged the court to put him on his defence.
Kiage said Kosgey failed to seek the advice of National Standard Council as required by law and also to indicate the national interest in his exemptions.
The prosecutor told court to note that the state does not consider the issue of environment and the issue of safety to be a minor detail. He said it was the obligation of the minister to ensure the code was respected and enforced. Defense hearing has been fixed for August 11 and 12.
