• Chief magistrate Francis Andayi said that there is no stay order from the Supreme Court stopping Jirongo from pleading to the criminal charges against him.
• Lawyer Danstan Omari told the court that his client had travelled to South Sudan on urgent business.
Image: FILE
A Nairobi court yesterday ordered former Lugari MP Cyrus Jirongo to take plea in Sh50 million land fraud case.
Chief magistrate Francis Andayi said that there was no stay orders from the Supreme Court stopping Jirongo from pleading to the criminal charges against him.
Andayi issued the orders in Jirongo's absence. Lawyer Danstan Omari told the court that his client had travelled to South Sudan on urgent business.
“We ask the ask court to defer the ruling until Thursday when we will avail his travelling documents,” Omari said.
The prosecution opposed the application saying the suspect knew he was expected to come for ruling yesterday but opted to travel.
They urged the court to issue warrants of arrest against Jirongo for failing to turn up in court.
“I note that Jirongo took the risk of travelling outside the country without the court's permission. I, therefore, give him a benefit of doubt and direct him to appear in court on before Thursday for plea,” Andayi ruled.
Jirongo is expected to plead to charges of obtaining the execution of security by false pretences, making a document without authority, uttering a false document and giving fabricated information to a person employed in the public service.
The politician is accused of giving false information linking the Jonathan Moi to a Sh50 million land fraud dispute.
He is alleged to have committed the offences between 1992 and 2015.
The charges against the former MP relates to a sale agreement in relation to land Nairobi LR No. 209/ 11151 in Upper Hill at the corner of Elgon road.
Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.
It is alleged that Jirongo told investigator Maxwell Otieno that he paid Sh7 million to Jonathan Moi as an alleged balance of payment for the purchase of Soy Developers Ltd owned by Sammy Boit Arap Kogo and his wife Antoinette Boit.
In 2016, the Director of Public Prosecution (DPP) recommended Jirongo be charged with the offences following investigations conducted by detectives from DCI's Office.
Jirongo moved to the High Court seeking orders prohibiting the DPP, DCI, and IG from charging him with the offences.
Justice Odunga quashed the charges against the former legislator saying that the claims by Jirongo that the criminal suit against him was being used to settle political scores had merit.