Naivasha MP John Mututho during a past press conference at Parliament Buildings in Nairobi. PHOTO/FILE
By PAMELA CHEPKEMEI pjepkemei@ke.nationmedia.com
Posted Monday, February 20 2012 at 22:30
Posted Monday, February 20 2012 at 22:30
IN SUMMARY
MP’s bid to stop his prosecution fails as judge upholds objection by DPP
Naivasha MP John Mututho has lost a bid to stop his prosecution in connection with a Sh41 million tendering scandal that occurred 10 years ago.
Lady Justice Mumbi Ngugi dismissed an application by the MP seeking to stop his trial in the case he is accused of defrauding Kenyatta National Hospital of Sh41,371,515.15.
The judge upheld an objection by the Director of Public Prosecutions that the MP had not filed the case at the High Court procedurally.
Judge Ngugi said that while the MP should have first raised the constitutional issue at the magistrate’s court, he instead filed the petition directly at the High Court.
She added that the manner in which Mr Mututho filed the case amounted to an abuse of the court process and dismissed his petition and the application seeking to stop his prosecution.
The hearing at the magistrate’s court is scheduled for February 27.
Mr Mututho moved to the High Court and stopped the hearing of the criminal case, saying that the anti-graft agency did not prosecute him in the anti-corruption court because the case could not stand.
He argued that the case should be a civil matter, adding that it stands no chance of success in the anti-corruption court.
The MP is accused of obtaining Sh41,371,515.15 from KNH using false documents from the Kenya Revenue Authority. The offences, which include forging receipts, were allegedly committed between August and December 2001. The criminal case was filed in 2005.
Mr Mututho obtained interim orders in November 2009 stopping the defunct Kenya Anti-Corruption Commission and the Attorney-General from filing any further charges against him regarding the tender for the supply of patient lockers to the hospital.
The prosecution had started calling witnesses when the MP stopped the hearing.
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