A Nakuru High court has blocked a lower court from delivering a ruling against the infamous police impostor Joshua Waiganjo and two others until an application filed is heard and determined.
Justice Joel Ngugi stayed the proceedings before the lower court after the office of the Director of Public Prosecution(DPP) filed an application accusing the magistrate court of prematurely closing their case without testimonies from the investigating officers.
Ngugi certified the matter as urgent and directed the applicants to file and serve their application to the respondents in the matter.
The DPP through its senior assistant Daniel Karuri, informed the judge that the lower court was not right in closing the prosecution’s case before its last three witnesses could testify despite them being in court.
“The office of the DPP is seeking the reopening of the prosecution’s case and allow three witnesses Fatuma Hadi, Gideon Kimilu and Joseph Ngisa all who are Superintendent of police to testify and present exhibits in the matter,” Karuri said.
He also accused the lower court of not being impartial in handling the matter stating that on August 28, 2017 when the case was closed, the prosecution was not given enough time to present its witnesses.
The magistrate court had scheduled to give a ruling on Wednesday on whether the respondents have a case to answer or not and the case was closed after at least 37 witnesses testified.
The matter was slated for inter parties hearing on March 28.
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