Ruling in a case facing 'fake' cop and former senior officers to be delayed

Mr Joshua Waiganjo, former Rift Valley Provincial Police boss John M'Mbijiwe and the former Anti-Stock Theft Unit Commandant Remi Ngugi appear at Nakuru law court on March 7,2019 . Mr Waiganjo is charged with impersonating a senior police officer while Mr M'Mbijiwe and Mr Ngugi are facing abuse of officer charges. [Photo: Harun Wathari]

The High Court has delayed making a ruling in a case where a man is accused of impersonating a police officer.

The accused, Joshua Waiganjo, who is charged alongside two former senior police officers, will have to wait longer to know his fate.

The officers are former Rift Valley Provincial Police boss John M’Mbijiwe and Anti-Stock Theft Unit boss Remi Ngugi, who are facing abuse of office charges.

The delay follows an application by the Director of Public Prosecutions (DPP), who wants the court to allow him to call three witnesses who had been left out during initial proceedings. 

Presiding Judge Joel Ngugi ordered the witnesses to be presented before him today at 9:00am.

The DPP, under a certificate of urgency, sought, in court, to have delivery of the ruling halted, claiming the witnesses were very important since one of them was an investigating officer in the case. 

Application presented

Daniel Karuri, the Senior Assistant Director of Public Prosecutions, presented the application to justice Ngugi yesterday.

The names of the three witnesses that Mr Karuri is seeking to be allowed to testify are Superintendent of Police Fatuma Hadi, Gideon Kimilu and Joseph Ngisa.

“That the applicant is praying for a stay of delivery of the said ruling and if the matter is not certified as urgent, and stay orders on the delivery of ruling granted, this application shall be rendered useless,” read the application.

The High Court certified the application as urgent.

“In the circumstances of this case, I certify the application as urgent. I hereby call for the lower court’s file in the Criminal case No.3195 of 2014 Republic vs Michael Remi Ngugi and others,” ruled Ngugi.

“The witnesses to be brought to the High Court tomorrow at 9am, and the DPP to serve the respondents,” he said.