By SAM ALFAN
The High court has discharged criminal proceedings instituted against former city council acting assistant director of planning Mr Julius Mwenda Kathenge.
Justice Isaac Lenaola found and held that the criminal case brought against the applicant by the office of the director of public prosecution was bad in law as there are evidence sustain the criminal charge.
He said the charges against the applicant (Kathenge) are unjust as they violate his indemnity as provided for in the constitution.
The existence of the criminal case before Kibera court is null and void and the trial courts is stopped from receiving or entertain the charges in which the prosecution has alleged criminal culpability for murder.
The judge said that the application is being vexed for no clear unlawful action, saying that action of the prosecutor are not in public interest and is against the interest of the administrative justice.
The applicant was allegedly to have allowed a building construction to go in Embakasi area Nairobi, which building later collapsed and numbers of people were fatally injured.
It was claimed that the applicant ought to have issue notice to halt the construction work.