Former Lugari MP Cyrus Jirongo has lost the bid to adduce new evidence in a Sh50 million land fraud case.
Jirongo had told the Supreme Court that he had fresh documents from the National Bank of Kenya and Registrar of Companies that could absolve him from any wrongdoing.
The former MP, who was last August charged in a Nairobi court with defrauding businessman Sammy Kogo and his wife Antonette Boit of land, claimed the new evidence would destroy the basis of the criminal charges against him.
He also argued that the appellate court, which gave the Director of Public Prosecutions the leeway to charge him, did not give him a fair hearing.
But the Supreme Court said Jirongo was trying to make corrections in his case by seeking to introduce fresh evidence.
“We are perturbed as we are curious at this strange turn of events where Jirongo now wants to engage this court in gerrymandering and cat games in the name of adducing additional evidence in an otherwise straight forward appeal,” the Supreme Court said.
Jirongo claimed the new evidence could not have been discovered or adduced earlier because his office file had been stolen and the National Bank had to retrieve a copy from its archives and that it could not have done so when the matter was pending in the High Court and the Court of Appeal.
But the apex court said since Jirongo had prior knowledge of possession of the evidence, it was restrained to examine whether the evidence would be relevant.
“Once it has been established that Jirongo failed in demonstrating that he was unable with due diligence to obtain the evidence, or that it was in his possession, then the court would be left with no other option but to dismiss his application,” the judges said
Kogo is demanding Sh50 million from former MP.
The order quashing the criminal case was issued by Justice George Odunga on January 11, 2017 but appellate judges Alnasir Visram, Otieno Odek and Wanjiru Karanja directed that Jirongo be charged with a criminal offence.
- mwaniki fm
