A plea by suspects in a long term Aglo-leasing case to have their heard by the same magistrate has been opposed by the DPP.
When the matter came yesterday before Anti_Corruption Magistrate Harrison Barasa,the Director of Public Prosecution made an application to oppose their plea.
However, the DPP successfully appealed that decision. The High Court cancelled the acquittal, saying the trial magistrate made a mistake and that the accused should be given a chance to explain their roles in the alleged offences.
Now that the case is back in court, prosecutors Jeremiah Walusala and Christine Marete are asking for the case to be assigned to a different magistrate who is currently based at Milimani Law Courts. They argue that bringing back a magistrate who is no longer stationed there could delay the case, which has already taken over 10 years.
The prosecutors also explained that the term “trial court” should refer to the court currently hearing the case, not necessarily the same judge who handled it before.
The High Court had earlier found that the prosecution had presented enough evidence against several accused individuals including the late David Mwiraria, Dave Munya Mwangi, and Joseph Mbui Magari. Charges include failure to follow procurement laws, abuse of office, conspiracy to defraud the government, and starting a project without proper planning.
Two others, David Lumumba Onyonka and Rashmi Chamanlal Kamani, were found to have a case to answer for fraud and dealing with suspicious property. The charges stem from a government contract with a company known as Sound Day Corporation for the supply of police security equipment.
Out of the original 10 accused, three were dropped after they could not be found, and two died during the trial.
Chief Magistrate Harrison Barasa is expected to deliver a ruling on August 11, 2025, on whether the case will be reassigned to Magistrate Kombo or proceed before a different magistrate currently serving at Milimani.