The High Court in Nakuru has dismissed an application by the state to reopen an abuse of office case against police impostor Joshua Waiganjo and two former police bosses.
Waiganjo is facing charges of illegal possession of government equipment, including police uniforms and impersonating an assistant police commissioner.
He was charged alongside former Rift Valley police boss John M’Mbijiwe and former Anti-Stock Theft Unit boss Remy Ngugi.
Justice Joel Ngugi on Wednesday ruled that the application lacked merit and was meant to prolong the case unfairly.
“Looking at the history of the trial, it is clear that affording the prosecution another opportunity to prolong the trial would be prejudicial to the defence,” Ngugi said.
Ngugi further ruled that reopening the case after the accused's lawyers had made submissions would make the trial highly irregular.
“To allow the case to go on and on without concluding it, when the officers responsible for securing the attendance of witnesses have failed in so doing can cause unreasonable delay,” Ngugi ruled.
The office of the Director of Public Prosecutions had accused the magistrate's court of closing their case without testimonies from the investigating officers.
The DPP urged the High Court to redirect principal magistrate Joe Omido to reopen the case.
They had listed Joshua Waiganjo, John M'mbijiwe and Remy Ngugi as respondents in the matter.
Senior assistant DPP Daniel Karuri faulted the lower court for closing the prosecution's case prematurely.
Karuri had wanted the judge to allow superintendents of police Fatuma Hadi, Gideon Kimilu and Joseph Ngisa to testify and present exhibits in the matter.
However through lawyers David Mongeri and Bravin Bauri, the accused said that the application was an abuse of court procedure and deserved to be struck off.
Mongeri said that the matter had already been revised by judge Maureen Odera and ordered the case to proceed.
(edited by O. Owino)
