DPP Keriako Tobiko unfair in my prosecution, says Gladys Shollei
By Peaceloise Mbae
| January 6th 2016
Former Chief Registrar of the Judiciary Gladys Shollei has accused the prosecution of bringing piecemeal charges against her.
Ms Shollei termed actions of the Director of Public Prosecutions (DPP) Keriako Tobiko to prefer charges bit by bit as persecution and torture, saying it was a denial of a fair hearing.
Through her lawyer Hiram Kago, Shollei argued the allegations relating to the Mavoko Court were similar to the others that she had already answered to.
Kago said his client was not opposed to investigations and prosecution being carried out against her but is opposed to the manner in which the prosecution was handling her matter.
In her application to the High Court, which however failed to grant orders directing the DPP to suspend her prosecution until investigations are fully completed, the former chief registrar said she has been suffering in the hands of the prosecution.
“The applicant is grieved by the piecemeal prosecution and terms it an unfair and causing unnecessary torture against her,” Kago said.
The counsel said Shollei’s latest charges were brought to court without her being informed by the prosecution.
Kago added that Shollei was being prosecuted through the media and was afraid that the DPP was in the process of bringing more charges.
The counsel said media reports were the means by which Shollei was receiving information about her prosecution.
“We have written to the DPP asking for an explanation but have not received any response. If stay orders are not given, this will continue,” he said.
Shollei said the DPP should conclude investigations and charge her at once.
“Let the DPP state his intentions of piecemeal prosecution and when he will complete investigations,” Kago said.
However, High Court Judge Justice George Odunga said the application had not proven that there was a possibility of more charges being brought.
“The application has not proven that further criminal prosecution was likely to take place. The court acts where there is a probability, not a possibility,” he said.
Odunga said the court could not act on speculative application but said if more charges were brought, orders would be given to the DPP to suspend prosecution.
Shollei failed to take plea on December 30, 2015, saying she was not aware of her date in the corridors of justice since she was away on holiday.
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