Wycliffe Oparanya assault case to proceed in lower court
By Julius Chepkwony
| March 6th 2017
The Supreme Court has dismissed a petition by the Kakamega governor, who wanted an assault case against him stopped.
The case against Wycliffe Oparanya will now continue at the Butere Principal Magistrate's Court.
Mr Oparanya had moved to the Supreme Court under certificate of urgency, seeking orders to stop the case or have the it heard by another court.
On May 2, 2013, he was charged with assaulting and causing bodily harm to John Ojuang Waka on August 17, 2008 in Mabole, Butere district.
Mr Waka was at the time a political supporter of Oparanya's rival.
The governor had earlier gone to the High Court to challenge the criminal charges, claiming that his intended prosecution was an abuse of the legal process and that the powers of the prosecution were being violated.
The use of witnesses secured by the prosecution four years after the alleged offence who initially were not named as witnesses, he said, was grounded in malice and was against his right to a fair trial.
Oparanya's High Court petition was dismissed. Judge Anthony Mrima ruled that he was not convinced that the governor would not receive a fair trial at the lower court.
Dismissing the petition, Supreme Court judges Boma Ojwang' and Isaac Lenaola directed that the governor pay the cost of the suit.
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