Confusion arises in Mwiraria case
By Fred Makana | December 8th 2015
Former Finance Minister David Mwiraria's trial now awaits the interpretation of a High Court ruling on the procedure of his case.
The Office of the Director of Public Prosecutions (DPP) told trial magistrate Felix Kombo that it was unable to give clear interpretation to Justice Grace Ngenye's ruling, which appeared to have left it out of the case.
"Our concern is that the High Court ruling left some gaps on whether the prosecution is part of the team that will visit Mr Mwiraria on the day he will take plea. It is also not clear on whether he should take plea after or before 10 days elapse as directed by the court," said assistant DPP Nicholas Mutuku.
On December 4, Justice Ngenye directed that from the date of the ruling, the trial court has to make arrangements and issue a notice as to when and where Mwiraria will be charged in a fraud case related to Anglo Leasing contracts.
The parties in the case failed to understand the ruling hence the trial magistrate referred the file back to the judge to interpret it.
However, Kombo said it is not within the magistrate court's jurisdiction to interpret the ruling. "I refer the matter back to the judge for interpretation and further direction as to whether the accused will be charged within the said period," Kombo said in his brief ruling.
Yesterday, Mwiraria's lawyer, Kioko Kilukumi, told court that since his client is not in a stable condition, he should take plea at his home or in the hospital where is recuperating. "In four to five days before plea is taken, I will give an indication where the plea will be taken," said Kilukumi who wanted the trial held on January 12.
However, the prosecution said the judge had directed that Mwiraria pleads to the charges 10 days after the High Court's ruling.
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