Justice Nicholas Ombija ruled that Cheruiyot and the former finance officer in the office of the President John Agili Alao were unlawfully charged with offence of abuse of office in 2005/FILE
Justice Nicholas Ombija ruled that Cheruiyot and the former finance officer in the office of the President John Agili Alao were unlawfully charged with offence of abuse of office in 2005.
He ruled that the two were arraigned in court to face criminal charges arising from lawful execution of their duty as directed by the Cabinet.
He noted that the then Cabinet approved the purchase of forensic science and laboratory equipment for the Criminal Investigation Department, procurement of police vehicles and housing for police officers.
The defunct Kenya Anti Corruption Commission which investigated the matter had recommended the prosecution of the two and former CID director Francis Sang.
The court found from the evidence by the two aggrieved people that Sang’s name was removed by former Attorney General Amos Wako.
The action by Wako angered the Law Society of Kenya which filed a private prosecution case against him, but the same did not proceed far as they later terminated the proceedings. For Cheruiyot and Alao to be prosecuted, Justice Ombija said the charge sheet should be amended to include the names of Wako, Sang and former Treasury Permanent Secretary Mwaghazi Mwachofi.
The judge said that from submission of lawyers Kioko Kilukumi and Michael Chamwok the prosecution of the two was selective, oppressive and unconstitutional.
The judge said that government through the Treasury gave promissory notes and was to finance the contract.
He ordered for the permanent stay of prosecution of the two in relation to Anglo Leasing contracts.
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