The criminal trial against Kapseret MP Oscar Sudi has been pushed to October.
This is after the court was informed that his lawyer was unwell and could not make it to court today to proceed with the hearing.
“I have seen that the lead counsel on the side of defense is indisposed but i have to warn that this case has not made good process,”ruled Magistrate Felix Kombo.
The magistrate adjourned the case and set the hearing dates as October 26 to 28,2021.
Sudi is accused of falsifying his academic credentials.Six witnesses who are remaining are expected to testify in the case.
On May 19,2021,Court dismissed Oscar Sudi’s plea seeking to stop that forgery case.
The application was dismissed and the high court noted that it had no powers to order a magistrate’s court to stop hearing the criminal case.
According to Court of Appeal judges William Ouko, Wanjiru Karanja and Asike Makhandia, Mr Sudi does not appear to challenge the criminal case but was aggrieved about the constitutionality of the charges.
“The said criminal proceedings are not the subject of the appeal before this court. It is discernible from the notice of appeal dated August 10, 2017, as well as the draft memorandum of appeal annexed to the motion, that the subject of the appeal is the High Court’s judgment dated July 24, 2017, which dismissed the applicant’s constitutional petition. As such, we have no jurisdiction to stay the criminal proceedings in the chief magistrate’s court,” they ruled.
In the trial, the Ethics and Anti-Corruption Commission said the criminal case is halfway heard, with seven out of 14 prosecution witnesses having already testified. This is the second time Sudi has failed to stop the criminal case.