An Anti-Corruption Court has referred to the High court Tharaka Nithi Governor Muthomi Njuki’s Sh 34 M case for interpretation whether he was rightfully charged under the anti-corruption Act.
Njuki is facing a Sh 34 million graft case together with 20 more accused persons.
Trial Magistrate Douglas Ogoti said in a ruling, that it is the superior court that will give right direction over the matter.
The decision of the court arose from an application by defense lawyers, to effect that their clients are not aware under which Act of the law they were charged.
From the charge sheet, it mentions the accused are charged under penal code and the anti-corruption Act.
Ogoti said that court has no jurisdiction to make the decision as argued by the defense counsels.
The court also disallowed an application seeking to refer the case to Tharaka Nithi, has sought by the defense lawyers.
He said that he has no power to refer the matter to the scene where the offence occurred.
It was the argument of the lawyers, that the director of public prosecution had the opportunity to have the accused charged in Embu, Meru or Tharaka Nithi to cut down expenses incurred by the accused.
The court heard that the magistrate should have not entertained the case by allowing the accused to plead to charges or even impose bail terms including barring the governor from accessing the County office.
The decision of the court means the trial of the governor and his co-accuseds will have to wait longer until the High court makes a determination on issues raised by the defense lawyers.
Njuki and 20 others were charged with offence of conspiracy to defraud the County Government of Sh 34 million through a procedural tendering process.
The governor was also charged with another count of conflict of interest in a tender worth Sh34 million.
The tender was for the supply, installation and commissioning of a solid waste incinerator.
