- Magistrate directed investigative agencies and the DPP to ensure disclosure in each case prior to the filing of a plea.
- The DPP has since filed a review of the ruling at the Anti-Corruption and Economic Division of the High Court.
Image: FILE
The Director of Public prosecutions has challenged an order by a magistrate's court requiring prosecutors to disclose evidence prior to registration of pleas in corruption matters.
On May 14, anti-corruption magistrate Douglas Ogoti delivered a ruling directing investigative agencies and the DPP to ensure disclosure in each case prior to the filing of a plea. The ruling was made in relation to Nairobi Governor Mike Sonko’s Sh357 million graft case.
It means pleas will only be accepted and registered once the investigative agencies satisfy the courts they have met the requirement.
The DPP has since filed a review of the ruling at the Anti-Corruption and Economic Division of the High Court.
Noordin Haji wants the court to suspend the order until the hearing and determination of his application.
Also sought is an order to review or reverse Ogoti’s orders relating to pre-plea disclosure in the anti-corruption court.
“There was no factual or legal basis showing or even indication from court that we had failed in discharging our duty to fair trial. The magistrate clearly misdirected himself in delivering a ruling on matters not in issue before it,” read the documents.
Senior prosecution counsel Annette Wangia said the magistrate erred by ordering the prosecution on the manner it shall conduct disclosure prior to the registration of charges in the anti-corruption court.
She said they were aggrieved by the order as the Constitution is clear as to whom disclosure is to be made.
“The constitutional duty of disclosure by the prosecution means the giving of reasonable access to accused persons of all evidence it intends to rely on and the said provision does not cloth the court with jurisdiction to direct them to disclose the evidence prior to registration of charges,” Wangia said.
On December 9 last year, the DPP instituted criminal proceedings against Sonko and 16 others by charging them with various offences relating to corruption. They all pleaded not guilty. The court then directed that the prosecution disclose to the defence the evidence relevant to the matter.
Prosecution says when matter came up on February 26, they informed the court that they had disclosed all the documents.
Sonko faces charges of economic crimes, abuse of office, unlawful acquisition of property and irregular payments that saw the county lose Sh357 million. He was released on a bail of Sh15 million and barred from accessing his office.
Edited by Henry Makori