Kosgey seeks acquittal in car case

Friday, 08 July 2011 00:10 BY CAROLE MAINA

Former Industrialisation minister Henry Kosgey is seeking an acquittal in a fraud case involving duty waivers on car imports. Kosgey told an anti-corruption court yesterday to set him free because the prosecution has failed to adduce enough evidence to incriminate him. The Tinderet MP who is facing abuse of office charges made the application after the prosecution closed it case after calling 21 witnesses.

He said none of the witness called to testify against him stated in court that he conferred a benefit on himself as claimed by the prosecution. But the state strongly opposed such a move claiming it has adduced overwhelmingly evidence to warrant court put the former minister in his defense.

In an attempt to prove its case, the state through Lawyer Patrick Kiage produced 78 exhibits each relevant to the 12 charges Kosgey faces. In his submissions, Kiage said Kosgey failed to seek the advice of National Standard Council (NSC) as required by law and he failed to indicate the national interest  in the vehicles he granted exemptions from requirements of the Kenya Standard KS:1515:2000.

The court heard those who benefited from the exemptions were companied owned by Pakistan businessmen who imports vehicles for trade. “He did these things to deliberately intentionally and contemptuously, when his PS  and Kebs raised the issue with him he declared he had powers to exempt old vehicles and any challenge to his powers was null and void” Kiage argued. He told court to note that the state, does not consider the issue of environment and the issue of safety to be a minor detail.

He said car manufacturers, dealers and other stake came up with 1515:2000 code after it became apparent the country was being made a damping site of old vehicles. He said it was the obligation of the minister to therefore ensure the code was respected and enforced.

He told court legal notice 18 was established with the sole purpose being to provide a window throw which the minister could lawfully exempt “We have given you tones and documents and the evidence in not shaky, unless he takes the stand and explain himself, your honor the evidence  before court is damning," he said