Why DPP wants case against Waiganjo and two former senior officers re-opened

Joshua Waiganjo, former Rift Valley Provincial Police boss John M'Mbijiwe and former Anti-Stock Theft Unit Commander Remi Ngugi at the Nakuru law courts on March 7, 2019. [Harun Wathari, Standard]

A case of impersonation and abuse of office facing alleged police imposter Joshua Waiganjo and two former senior Police officers in Rift valley has a taken an interesting twist.

The Director of Public Prosecution Noordin Haji through his local office moved to the High Court to stop the delivery of a ruling on a case to answer by a lower court.

Senior Assistant Director of Public Prosecution Daniel Karuri filed an application under certificate of urgency at High Court seeking to have the lower court stopped from delivering that might have seen the termination of the case against  Waiganjo, Remi Ngugi- Anti-Stock Theft Unit and John M’mbijiwe- former Rift Valley PPO.

Waiganjo face a charge of impersonating a police officer while M’mbijiwe and Ngugi face abuse of office charges.

Ngugi is accused of allowing him unlimited access and use of police vehicles an offense he committed between July and November 2012, at the Anti-Stock Theft Unit headquarters in Gilgil.

M’mbijiwe on the other hand is alleged to have allowed Waiganjo ride on a police chopper and ordering the release of two Lorries to Waiganjo.

The Office of the DPP has advanced various reasons as to why the ruling in the case against the three should not be delivered.

Among the reason advanced by the prosecution is that they want the court order the re-opening of the case facing the three and allow three remaining witnesses testify.

The DPP claims the court was not impartial since it limited the time within which one of the three witnesses who was present in court on August 28, 2017 could testify.

According to the application the witness Assistant Superintendent of Police Fatuma Hadi’s time to testify was limited to only ten minutes, thus she never testified.

“That the applicant (DPP) is seeking re-opening of the case to allow it proceed with the remaining witnesses namely Superintendent of Police Fatuma Hadi, Mr Gideon Kimilu and Mr Joseph Ngisa,” read part of application filed in court on March 6, 2019.

The DPP want the High Court call and examine the record from the trial court for purposes of satisfying and pronouncing itself as to the correctness, legality or propriety of the findings and orders issued on February 21, 2019 by Principal Magistrate Joe Omido.

Omido on the said date had dismissed an earlier application to have the case re-opened.

Further the DPP want the court revise, vary and set aside the orders of the court issued on February 21 in the case for fair administration of justice.

The DPP notes that no exhibits identified were produced in court and want all witnesses testify and have the exhibits produced.

“That I am aware the case has numerous exhibits which have already been marked for identification and it is in the interest of fair administration of justice that all the witnesses are allowed to testify and produce exhibits to allow Trial Court reach and make a determination,” read a supporting affidavit by Hadi.