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Court adjourns ruling on prosecution application seeking to re-open Waiganjo case

By Patrick Kibet | Published Tue, August 21st 2018 at 00:00, Updated August 20th 2018 at 22:01 GMT +3
Police imposter Joshua Waiganjo at the Nakuru Law Courts on June 30, 2017 where he was acquitted in a case he had been sued for stealing a motor-vehicle. [Kipsang Joseph/Standard]

A Nakuru court has adjourned a ruling on an application filed by the Director of Public Prosecutions seeking to reopen case facing police impostor Joshua Waiganjo and two others.

Waiganjo is facing charges of impersonating a police officer alongside former Rift Valley police boss John M’mbijiwe and former Anti-stock theft commandant Remi Ngugi who are facing abuse of office charges.

On Monday, Senior Resident Magistrate Joe Omindo told parties the ruling for the application was not ready for delivery and directed parties to appear in court on September 20.

State counsel Sandra Kosgey, in an application last year moved to court seeking to reopen the case and have investigating officer in the case summoned to testify.

This follows the decision by Omindo on August 28, last year directing the prosecution to close its case after investigating officer failed to attend court to testify.

"We feel the investigators evidence was locked out and since there was no document produced we felt prejudiced,” said the prosecutor.

The three through their lawyers however opposed the application and pleaded with the court to deliver its final judgment in the case.

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“We urge the court to dismiss the application by the prosecution and move forward to make a judgment in the matter, the constant delays by the prosecution has been of huge effect to the matter,” said M’mbijiwe’s lawyer Pravin Bowry.

Lawyer David Mongeri representing Waiganjo said the application by the prosecution is a plan to derail the hearing and determination of the case.

Mongeri argued that there is no provision in law which allow the prosecution to re-open a case once it’s closed.

The prosecution had moved to the High Court seeking to have the order reviewed and have their last key witness to testify.

They were however directed by Justice Maureen Odero to file the application at the trial court.

 

 


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