A Nairobi High Court has ordered Tharaka Nithi Governor Muthomi Njuki’s corruption case to be transferred to Embu.
Justice James Wakiaga has ruled that the Governor should have been charged in the place where the alleged offense took place.
Njuki and 20 others were charged with conspiracy to defraud Sh34 million from the county government through an unlawful tender process.
In the case, the defense lawyers had challenged the decision by the Director of Public Prosecutions to charge the accused persons in Nairobi instead of Tharaka Nithi or Embu counties.
It was their argument that they should have charged them in their local areas to cut down on costs.
Justice Wakiaga further ruled that the Nairobi Trial Court had no justification why the matter could not be heard by a magistrate within the local limits of the alleged offence.
“Matters of this nature ought to be filed in local courts for citizens to hear the charges that their immediate letters have been charged with,” the judge said.
The judge has directed that the file be placed before any Embu court magistrate other than Chief Magistrate Douglas Ogoti who was handling the matter while in Nairobi.
However, Ogoti who was handling the matter said he did not have powers to transfer the matter to Embu or Tharaka Nithi.
He referred the matter to the high court and to make a determination on the issue.
Ogoti was transferred from Nairobi to Embu Law courts.
The case will be mentioned on November 16.
Edited by D Tarus
