Lawyer Okongo Omogeni and nominated MP Sonia Birdi leaving Milimani law courts after High Court declined to bl;ck their arrested and prosecution.They will be charged tomorrow before a Naivasha courts.
BY SAM ALFAN.
Nandi Hills MP Alfred Keter and nominated MP Sonia Birdi are expected to be arraigned in court and face charges before a Naivasha Magistrates Court on Wednesday morning.
This was after Justice Mumbi Ngugi declined to grant orders sought by an application seeking to stop their prosecution.
In her decision, Ngugi said Keter and Birdi had not raised sufficient grounds to stop their indictment.
“There is nothing sufficient that would grant the interim orders sought by the petitioners. Consequently the court declines to grant the odds sought,’’ she ruled.
Justice Ngugi allowed the application by EACC and the Director of CID which have recommended their prosecution.
The two investigating agencies told the court that the two MPs have already been registered in a chief magistrate’s Court in Naivasha.
“The petitioners should not be given interim orders at this stage as they are seeking to deter a due process from taking place,” justice Ngugi heard.
Keter and Birdi moved to court five days ago asking the court to direct that they had not committed an offence that necessitates their arrest and charges in court.
Yesterday High Court has directed the Director of Public Prosecutions (DPP) Keriako Tobiko to respond to a petition by Nandi Hills MP Alfred Keter and nominated MP Sonia Birdi who are seeking court protection over intended arrest with 24hrs.
Justice Mumbi Ngugi said in order for the court to make a decision on the orders sought by Keter and Birdi the DPP’s response to their application was crucial since he is the government’s prosecuting agent.
The judge stated that due to urgency of the application the matter needed to be heard Tuesday since the petitioners were likely to be charged on Wednesday.
Keter and Birdi’s lawyer Okongo Omogeni told the court that if the application was not determined as soon as possible it could be overtaken by events and constitutional issues raised will not get a fair hearing. The two legislators Keter and Sonia moved to court last week seeking orders to block officers from Ethics and Anti Corruption Commission from arresting them over alleged corruption.
The two state officers want to the court to make a finding, which they have not committed an offence to warrant their arrest and arraigning in court.
Their lawyer Okongo Omogeni, told Justice Mumbi Ngugi that EACC is acting outside its power the MPS can only be charged under Anti- Corruption and Economic Crimes (ACEC) Act for suspected to have engaged in corruption.
Senior Counsel Omogeni submitted that EACC has maliciously and without legal basis sought to arrest the legislators and arraign them in court.
He told the court that the petitioners have not committed crimes under ACEC Act nor have they been investigated for any corruption related charge on economic crime..
The court heard that the petitioners can only be disciplined under the leadership and integrity which can be instituted by Parliament.
“It’s only parliament through the Speaker of the National Assembly who has the power to institute disciplinary proceedings against the petitioners” Omogeni told the court.
Justice Mumbi heard that the intended prosecution is merely political and discriminatory in nature which is meant to embarrass them.
Further the judge directed that if the petitioners are summoned by either EACC or police they should present themselves to record statements.
The two MPs are accused of assaulting public officers at the Gilgil Weighbridge in January this year, although they maintain they were simply exposing the corruption menace that is prevalent in weighbridges across the country.
In a video clip that went viral on social media, Keter and Birdi are seen to be engaged in an altercation with officials manning the Gilgil station, with insults hurled as Keter demands for the release of a lorry that had been detained.
“We will reverse the law… who is the owner of this company?” he is heard asking the officials there. “We are waiting to hear from whom? …Jesus Christ to call you?” Keter is heard shouting.
Following the circulation of the video, the Department of Criminal Investigations and the Ethics and Anti-Corruption Commission instigated a probe into the conduct of the two, eventually submitting that action be taken on them over the fiasco.
In his submission Omogeni told the Court that EACC was overstepping its mandate as Members of Parliament could only be charged under the Anti- Corruption and Economic Crimes (ACEC) Act if suspected of having engaged in corruption or corrupt activities.
“EACC has maliciously and without legal basis sought to arrest the legislators and arraign them in court,” said Omogeni.
He insisted the petitioners had not committed crimes under ACEC Act nor had they been investigated for any corruption related charge on economic crime and could only face action under the leadership and integrity Act instituted by Parliament.
“It’s only Parliament through the Speaker of the National Assembly who has the power to institute disciplinary proceedings against the petitioners” Omogeni told the court.
The leadership and Integrity Act states that legislators can be removed from office for demeaning the office they hold, compromising public interest in favor of a personal interest and also having a conflict of interest between public and official duties.
The matter will be heard tomorrow before Justice Mumbi Ngugi for further directions.