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Machakos Senator Johnstone Muthama dealt a blow in Malili ranch case

By Fred Makana | November 4th 2015
Macahakos Senator Johnstone Muthama addreses his supporters outside Miliamni court after he was charged with incitement to violence and disobedience of the law on 13/10/2015 PHOTO BY GEORGE NJUNGE

Machakos Senator Johnstone Muthama has lost a bid to have senior counsel Paul Muite removed from privately prosecuting him and his co-accused over the Malili ranch case.

Justice George Odunga disallowed the application by Mr Muthama, saying that the Director of Public Prosecutions Keriako Tobiko, in appointing Mr Muite, acted within the law and there is no prejudice in handling the case.

"The DPP was within the law in appointing Muite to preside over the case. This court is of the opinion that it was within the law for the DPP to have made the decision to appoint the lawyer to privately prosecute the accused persons," Mr Odunga said in his ruling.

Odunga dismissed allegations that Muite is a politician and has a criminal case in which he was charged in 1992. But the court said the criminal case was politically motivated.

"It's evident that he will be considered by the trial court and not the person conducting the prosecution," Odunga said.

Muthama, through his lawyers John Khaminwa, Harun Ndubi and Antony Oluoch, had told the court that Muite is unfit to conduct the prosecution.

The lawyers told the court that Muite being a politician and leader of Safina Party he is not permitted by law to carry out state functions.

They pointed out that Muite, having been charged during the struggle for multi-party democracy by the office of the director of public prosecution, cannot be given such an opportunity to prosecute fellow politicians.

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