The DPP, DCI, the University, the Auditor General and the Chief Magistrate's Court Chemitei said abused their power. He said they ought to have followed proper protocol.
"Their role should have ended at investigations and submitting their report (s) to the DPP for further action as found above. The net effect was that there was an obvious crossing of lanes, so to speak, which the Constitution did not envisage and which this court is mandated to correct," he ruled.
The court ruled that it was not persuaded that Walingo and the four conspired to steal the alleged lost funds from Masai Mara University.
"If for any chance the court was to allow the prosecution to proceed then it would be condoning an abuse of court process and subjecting the petitioner and the interested parties to unnecessary litigation. In short, the respondents have not met the necessary threshold to sustain the charges against them," stated Justice Chemitei.
Judge Chemitei said the investigations, recommendations to the DPP, and the subsequent charging of the five violated their constitutional rights and was an abuse of the process of the court and therefore unlawful, null, and void.
He issued orders quashing the entire charges and charge sheet dated August 26, 2020, and criminal proceedings against the three.
Further, the judge issued orders barring the DCI, DPP, and the University from investigating, recommending the prosecutions, or commencing any prosecution of Walingo concerning the criminal case.