• This is after the Supreme Court last month ruled that he cannot be charged for an offence allegedly committed 24 years ago.
• Jirongo was charged in 2016 with an offence of forgery relating to a property in Upperhill that he purchased 30 years ago.
A Nairobi Court has terminated forgery charges against former Lugari MP Cyrus Jirongo.
This is after the Supreme Court last month ruled that he cannot be charged for an offence allegedly committed 24 years ago.
Jirongo was charged in 2016 with an offence of forgery relating to a property in Upperhill that he purchased 30 years ago.
Chief Magistrate Francis Andayi adopted the Supreme Court ruling that dropped his charges.
This is after the prosecution through prosecutor Angela Fuchaka said they were withdrawing the matter under section 87A.
However, Andayi terminated the charge under section 89 (5) saying the charges were defective.
"In the circumstances, I find that the proper section to terminate the charges is section 89 (5) where the charges should have been found to be defective as they ought not to have been filed against him in the first place," Andayi ruled.
"The charges are hereby terminated and the cash bail of Sh200,000 refunded to him,"
Lawyer Danstan Omari for Jirongo told the court to note that he informed the court that there was no need to charge his client but the DPP insisted and filed the case.
"I hope the State has learnt not to be overzealous when there is a pending decision," Omari said.
He said the Supreme Court had vindicated his client and they had no objection to the withdrawal of the charge.
Jirongo moved to the High Court to challenge his prosecution and Justice George Odunga stopped the DPP from charging him.
However, the DPP appealed and won the case which led to Jirongo being charged.
Jirongo appealed to the Supreme Court and the court upheld Judge Odunga's judgement that stopped the charges.
Judge Odunga had ruled that it would be unjust and contrary to article 8 to prosecute Jirongo for an offence that was committed nearly two and a half years ago.
The judge noted that it would have been impossible to prosecute when the transactional documents may have been lost misplaced or tampered with.
Speaking to journalists after the ruling, Omari said they are happy with the charges being dropped and his client can now continue with his presidential campaigns.
Edited by D Tarus