An attempt by former PS Lilian Omollo to quash graft charges levelled against her in the NYS scandal has been declined by an anti-corruption court.
Omollo wanted the matters discharged on grounds that the Ethics and Anti-corruption Commission should be the body to deal with any offences that might have been committed since they are public officers.
She also cited Section 62 of the Anti-corruption and Economic Crimes Act which states that the case shall be determined within 24 months yet her's has taken more than two years.
In her ruling, magistrate Kagure Nyutu said the issues in question are criminal in nature and cannot be determined by the EACC because they are not matters of ethics of public officers.
She dismissed Omollo's argument that the case ought to be determined by a tribunal or competent commission saying the court has jurisdiction to handle it.
"Their application is baseless and unfounded in law for misconception of Section 62 ACECA," Kagure said.
The magistrate also ruled that the allegation of Omollo and her co-accused persons of acting in good faith can only be raised in defence during trial.
Omollo had told the court that they cannot be criminally tried for acts or omissions committed while performing their duties.
Echoing the DPP's sentiments, Kagure said whether the acts that led to them being charged were done in good faith can only be determined through the trial process which is currently pending before court.
(Edited by Bilha Makokha)
