The Return of Henry Kosgey

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Henry Kosgey Case Dropped

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Updated 1 hrs 47 mins ago

By Judy Ogutu and Vitalis Kimutai

Tinderet MP Henry Kosgey may just smile his way into the Cabinet after High Court quashed charges of abuse of office relating to importation of over age motor vehicles.

Kosgey was handed a life line by Justice Nicholas Ombija who ruled that the 12 counts of abuse of office charges cannot succeed and that his prosecution would amount to an abuse of the court process.

The judge also ordered that no fresh charges can be brought against him on the same case.

“To charge him would amount to breaching his constitutional rights since the two legal notices he was alleged to breached had not been adopted by Parliament as law,” Justice Ombija, a High Court judge ruled.

The Legal notices were rules and regulations created in 2001 and 2005 respectively.

The judge also rules that it was a case of bad blood between Kosgey and his Permanent Secretary. “It was a case of settling scores,” the judge said.

The prosecution had argued that he had breached the two legal notices but the judge ruled that he could not be charged with laws that had not been enacted by Parliament.

Kosgey was not in court as the ruling was made but his lawyer Julius Kemboy represented him.

It appears Kosgey has a way with courts after he was let off the hook in what was billed the  case of his life when charges of crimes against humanity brought against him by the International Criminal Court (ICC) were dropped.

The MP is set to bounce back to the Cabinet after several months in the cold because of the case.

The ODM chairman has lately been actively involved in party affairs after the ICC sitting at the Hague on January 23, this year dropped charges against him relating to the 2007 post election violence.

Kosgey has thrown his hat to the ring, seeking to be Prime Minister Raila Odinga's Presidential running mate in the next general election.

He has also been accompanying Raila to major rallies and road shows with ODM reloaded team across the country as they seek to revitalise the party.

He has been consulting his key allies across the country as he seeks to consolidate his support and angle himself as the most prominent and influential leader after the PM in ODM.

His party moves follow the exit of Deputy Prime Minister Musalia Mudavadi from the party and who has since joined the United Democratic Forum (UDF).

Kosgey has in his quest for the top post received backing from a section of grassroots leaders in Rift Valley who strongly feel that the PM should appoint a running mate from the region.

Former Eldoret South MP David Koros said that Kosgey's non-controversial nature and sober approach to issues had endeared him to many people across the country and remained the most suitable ODM leader to deputise the PM.

"Kosgey commands a lot of respect in Rift Valley and has stood with the PM through thick and thin even when the centre seemed to be caving in,” Koros said.

Koros added, “He has lived above petty partisan political interests and held on to the strong believe and understanding that political storms are passing clouds. Time has vindicated him as Kenyans have come to the realization that ODM is the party to beat in the next general election,"

When Kosgey arrived from The Hague after his acquittal, ODM MPs from across the country including Cabinet ministers - James Orengo, Otieno Kajwang, Amason Kingi, Joseph Nyaga led several assistant ministers and MPs in flanking him at a press conference held at Norfolk hotel.

During the constitutional referendum, he was a key proponent of the Yes vote in the country and especially in Rift valley where majority of the MPs supported a No vote.

At some level right over a year ago, Kosgey was seen to be gravitating towards the United Democratic Movement(UDM) where Ruto and a team of MPs from Rift Valley had moved to following a spat in ODM.

However, the MP held on to ODM even as he kept a low profile following the cases which faced him at the International Criminal Court.

Kosgey, returned to the limelight this year with his first main function being when he led ODM national officials including Medical Service Minister and Secretary General Professor Anyang Nyongo in receiving the compliance certificate from the Registrar of Political Parties Ms Lucy Ndungu a month ago.

Recently he held a meeting in the North Rift where he announced that he would be seeking to be Raila's running mate in the next general election, a move that has generated excitement in ODM.