The Director of Public Prosecutions (DPP) on Wednesday opposed an application by National Youth Service (NYS) suspects seeking to have a bench of three magistrates hear their fraud cases.
The DPP argued that the petition by the 53 accused persons is incompetent and an abuse of court process, adding that the court lacks jurisdiction to empanel a bench of three magistrates to conduct trial.
“The petition does not meet the threshold for empanelment of a bench: the issues raised in the petition are in respect to constitutional interpretation,” read court papers.
The DPP, in a replying affidavit by Caroline Kimiri, also argued that the petitioners have not adduced any evidence before the court to demonstrate that continued prosecution of the criminal proceedings is an outright abuse of the court process and an infringement of their fundamental rights.
“That the issues of framing of charges, consolidation, substitution and joinder of charges together with the modalities of trial were determined by trial court on August 2018 when the court gave guidelines on case management to ensure a fair and expeditious disposal of the case,” read the application.
The petitioners in the case — who include former NYS boss Richard Ndubai, and ex-PS Lillian Omollo — claim there is irrefutable evidence of improper and intentional influence on testimony by prosecution witnesses.
They further accused the prosecution of witness collusion and witness coaching as well as intentional and selective disclosure of evidence through incremental introduction of new material into evidence in a bid to irretrievably incriminate the petitioners in all three courts.
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