NAIROBI, Kenya, Jul 18 – The State has objected to an application by 11 suspects facing Sh791 million NYS money laundering charges.
Prosecuting counsel Victor Mule urged Nairobi Chief Magistrate Daniel Ogembo to dismiss the application lodged by chief suspect Ben Gethi and businesswoman Josephine Kabura and nine others, terming it an abuse of the court process.
According to Mule the trial court has no jurisdiction to entrain the application after the High Court directed they plead to the charges.
Magistrate Ogembo has heard that the only power the Magistrate’s Court has, is to direct the accused persons to take plea.
“This court has no jurisdiction to entertain objection to taking plea as the only jurisdiction it has is to direct the accused persons to take plea,” he argued.
The prosecutor told the court that “the procedure adopted by the accused persons has no legal basis and is unknown in law. It is an abuse of the court process,” he argued.
Magistrate Ogembo was asked to find that the proper forum for the suspects to oppose their prosecution lies with the Court of Appeal.
Gethi and his co-accused have accused the DPP of acting irrationally, unreasonably and prematurely by preferring the charge of money laundering.
They have blamed him of doing so without first establishing whether the money is proceeds of crime with the meaning of Section 2 of Proceeds of Crime and Anti-money Laundering Act.