Court adjourns ruling on case facing Waiganjo and two others

Joshua Waiganjo, former Rift Valley Provincial Police boss John M'Mbijiwe and the former Anti-Stock Theft Unit Commander Remi Ngugi at a Nakuru law court on January 31, 2018. [Kipsang Joseph, Standard]

A ruling on an application by the Office of the Director of Public Prosecution to re-open a case facing alleged police imposter Joshua Waiganjo and two other former senior police officers will be delivered in February.

Nakuru Principal Magistrate Joe Omido said the ruling on the application by Prosecutor Sandra Kosgey had to be adjourned after one of the lawyers in the case sought an adjournment.

Waiganjo is charged alongside former Rift Valley Provincial Police boss John M’mbijiwe and Anti-stock Theft Unit boss Remi Ngugi who are also facing abuse of office charges.

Lawyer Pravin Bowry representing M’mbijiwe allegedly had communicated to the court saying he was one of those affected during the attack at DusitD2 complext in Riverside drive in Nairobi.

Bowry allegedly informed the court that his office is located at Riverside and could not attend court yesterday.

“I got information from Bowry that he was affected and he requested for another date,” said Omido.

According to the court, the lawyer had sought for another date in February.

The prosecution in their application want the court set aside its orders issued on August 28, 2017 and allow them re-open the case.

“We are praying to this court to set aside its orders of August 28, 2017 and allow the re-opening of this case and allow the Investigating officer to testify,” said prosecutor Kosgey.

The court, in the orders, had directed the prosecution to close its case.

The prosecutor said having been ordered to close the case the court failed to accord the a chance to explain the turn of events that day after the investigating officer informed the court she was not the overall investigating officer.

 "We feel the investigators evidence was locked out and since there was no document produced we felt prejudiced,” said the prosecutor.

The three through their lawyers however opposed the application and pleaded with the court to go on and deliver its final judgment in the case.

They said that the failure by the prosecution to present the overall investigative officer was a clear sign that the state had nothing to prove against them.

“We urge the court to dismiss the application by the prosecution and move forward to make a judgment in the matter, the constant delays by the prosecution has been of huge effect to the matter,” said M’mbijiwe’s lawyer Pravin Bowry.

Lawyer David Mongeri representing Waiganjo said the application by the prosecution is a plan to derail the hearing and determination of the case.

Mongeri argued that there is no provision in law which allow the prosecution to re-open a case once it’s closed.

Nakuru Principal Magistrate Joe Omido said the court will deliver its ruling on February 21, 2019.