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DPP Keriako Tobiko opposes bid to halt Anglo Leasing case

By Fred Makana | October 14th 2015
Kisii Senator Christopher Obure in court to answer to anglo leasing charges. (PHOTO: FIDELIS KABUNYI/ STANDARD)

Director of Public Prosecutions Keriako Tobiko wants the Sh10 billion Anglo-Leasing case to proceed to full trial.

Mr Tobiko said this is because the accused persons were rightly charged within the law.

Through State Counsel Nicholas Mutuku, Tobiko said seven months have lapsed since the accused were charged and none of them raised any objection.

"The charges were accepted by this court and plea was taken. For the whole of seven months, no defence counsel raised any objection. We informed the accused persons that we were ready for the trial and they were not opposed," Mr Mutuku submitted.

Mutuku told Senior Principal Magistrate Lawrence Mugambi that the accused were charged with offences that are provided for in the Penal Code.

"A repealed law does not deter liability of an offence committed and this court has powers to give direction on how to proceed," Mutuku argued.

Former Transport Minister Chris Obure, who is now the Kisii senator, former Postmaster General Francis Chahonyo, former Transport Permanent Secretary Sammy Kyungu and former Finance Secretary Samuel Bundotich said the charges against them are defective.

Their lawyers - Kioko Kilukumi and Chacha Odera - said they were charged using obsolete provisions. According to Mr Kilukumi, the Penal Code used to charge the four was repealed by Parliament in 2007. The lawyers' objections scuttled the hearing of the case, which was scheduled to start last week.

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