, NAIROBI, Kenya, Aug 22 – Former Lugari lawmaker Cyrus Jirongo has been charged with obtaining Sh50 million from Post Bank by false pretense.
Jirongo who was Monday ordered to personally appear in court after skipping a ruling on whether he would be charged with in Sh50 million fraud case after the former lawmaker sought to stay proceedings in the magistrate court.
His lawyer, Danstun Omari, had told Trial Magistrate Francis Andayi Jirongo had traveled to South Sudan and was unable to be the country in time.
Andayi who had deferred the decision on whether Jirongo should be charged to enable him read the decision of the Court Appeal that quashed the judgement of the superior which had stopped the prosecution said he did not find reason to believe a superior court had stayed proceedings in a subordinate court.
Jirongo is alleged to have forged signatures and documents relating to Soy Developers Ltd to secure an overdraft of Sh50 million from Post Bank Credit Ltd.
The tittle deed he produced as security was registered to a parcel of land owned by a Sammy Kogo and his wife Antonette Boit.
The prosecution submitted in court that forensic anabasis revealed signatures presented by Jirongo were not those of Kogo and Boit.
Assistant Director of Public Prosecution Fredrick Ashimosi had told the court when Jirongo moved to block his prosecution at the High Court that the former lawmaker had presented forged documents to the bank that were purportedly signed by Kogo and his wife.
Ashimosi said the prosecution Ashimoli had concluded that Kogo’s property was fraudulently acquired and that Jirongo used Kogo’s parcel of land to secure a Sh50 million loan having listed himself as a Director of Soy Developers Ltd.
Jirongo was initially to be charged in 2016, but he moved to the High Court and obtained orders stopping his prosecution before a Chief Magistrates Court.
The order staying the criminal case was issued by Justice George Ondunga on January 11, 2017.
Then Director of Public Prosecution (DPP) Keriako Tobiko, who was aggrieved with decision of the court at the time filed appeal.
Appellate judges – Justices Alnasir Visram, Otieno Odek and Wanjiru Karanja – in their judgement dated July 19, 2019 set aside the decision of the High Court.
The judges directed that Jirongo should be charged with a criminal offence.
“The judge (High Court) ought to have considered the allegation of fraudulent acquisition and transfer of property held by businessman Sammy Kogo and his wife Antonette Boit,” they observed in their judgement.
They said that the court interfered with the prosecutorial mandate of the DPP to make decision to charge or not charge an individual.
“The judge (High Court) arrived at a conclusion without considering evidence on record,” the appellate judges said.