Magistrate refuses to handle Governor Sang case over relationship

In Summary

• Sang spent Monday night at the central police station in Kisumu following his arrest. 

• On arrival in court, the matter has been referred by Chief Magistrate Julius Ngar before the resident magistrate Beryl Omollo.

Nandi Governor Stephen Sang at a Kisumu couirt on Tuesday, June 11, 2019.
Nandi Governor Stephen Sang at a Kisumu couirt on Tuesday, June 11, 2019.
Image: FAITH MATETE

Nandi Governor Stephen Sang has been arraigned at the High Court in Kisumu over invasion of Kibwarer farm.

 Sang spent Monday night at the central police station in Kisumu following his arrest. 

In the morning before being taken to court,  he was allowed to see visitors within the police cells. 

 
 

On arrival in court, the matter has been referred by Chief Magistrate Julius Ngar before the resident magistrate Beryl Omollo.

Ngar said he could not handle the matter based on his relations with the suspect.

Omollo will give a decision on the case at 3pm.

Sang is accused of malicious damage of property, incitement and abuse of office.

He is yet to take a plea.

The governor’s lawyers want an order issued in Eldoret court on Monday stopping the prosecution of the governor enforced and the current charges terminated until the matter is heard and determined.

Appearing before Omollo, the governor’s three advocates, led by Zephenia Yego requested the court to release him unconditionally pending the hearing and determination of the matter before he can take any plea.

 

Yego said they had effected the service of the orders from the court saying their expectation is that the charges are currently overtaken by even and Sang should be released.

He furnished the court with a copy of the order issued in Eldoret and their application under a certificate of urgency.

The prosecutor, Victor Mule, noted that the court order does not restrain the court from continuing with the matter.

He noted that they had just been served today morning with the orders, noting that they had no direct bearing or linkages with the particular charges the governor is facing in the Kisumu court.

Mule noted that the order restraining the prosecution of the accused is in a different matter and not related to the issue currently being addressed in court.

“Your honour the court order is in respect to a different parcel of land and not this one being handle in court which is reference number 6075, he said adding that there is also restraint in respect to possession, use and development of a cattle dip according to the order on property known as Nandi Hills/Kapsimotwa Block2/234 and not what is being charged before the court.

He added “I want to urge this court to find the court order has no relationship or linkage to the charges in this court”.

However Sang’s lawyer Nathan Tororei insisted that the parcel in dispute was part of  the land the prosecution was talking about and produced  land was part of the parcel they were talking about and produce a map on the same, noting that the matter was submitted to the constitutional court in Eldoret, where it was heard and an order given.

He noted that if the ODDP wants to challenge this, then it should be done in the same court the orders were issued.

“I urge this court not to accept this, because it will amount to defying the court order. Valid court orders should not be affected by judicial craft so as to defeat the entire course of justice, “said Tororei.

The lawyer noted that the Eldoret court has grated the ODDP 14 days to respond to the application which they still have time.