Drama as state prosecutors storm out of court in MP Mukunji case

Manyatta MP Gitonga Mukunji when he appeared at Kahawa Law courts to face terrorism charges. [Courtesy, Denish Ochieng]

Drama unfolded at the Kahawa Law Courts after state prosecutors led by James Machira walked out of the courtroom in protest, refusing to participate in the cross-examination of a Directorate of Criminal Investigations (DCI) officer.

The standoff began shortly after Magistrate Richard Koech granted a request by defence lawyers representing Manyatta MP Gitonga Mukunji, Inooro Radio journalist James Mbochi, and boda boda rider Stanley Mbuthi to cross-examine Chief Inspector Desterio Omukaga, the lead investigator in the terrorism and financing protests case.

"I allow the request to have the Investigating Officer cross-examined, but the same shall be conducted in camera," ruled Magistrate Koech.

Moments later, Machira and two other prosecutors abruptly exited the courtroom, declaring that the Office of the Director of Public Prosecutions (ODPP) would not take part in the session after the court revised it's earlier orders allowing the cross-examination to be done in open court.

"We are not going to participate in this cross-examination," Machira stated before storming out with his team, prompting murmurs in the courtroom.

The defence team, led by Senior Counsel Kalonzo Musyoka and advocates Ndegwa Njiru and Kibe Muigai, had requested the cross-examination to challenge the DCI's application to detain the trio for 14 more days over alleged terrorism-related offences.

"This is a matter where liberty is at stake. Cross-examination is a constitutional right, and we must test the credibility of the allegations before this court," argued Kibe.

In his affidavit filed in court, Chief Inspector Omukaga accused the MP of financing violent activities during the July 7 Saba Saba protests within Nairobi, Eastern, and Central regions.

"The MP was found in possession of a diary marked 'KYPA' with payment records to individuals linked to arson, attacks on police officers, and destruction of property," the affidavit states.

Omukaga further claimed that the suspects were arrested in a black Range Rover without number plates, allegedly to conceal their identity.

"This was a deliberate act to avoid detection while facilitating criminal acts aimed at destabilizing public order," he noted.

According to the DCI, investigations are still ongoing, including cyber forensic analysis and retrieval of financial records.

The cross-examination of Chief Inspector Omukaga is currently ongoing despite the ODPP's walkout.