Corruption case against former KMA boss to continue
Mombasa Law Courts.
A corruption case against former Kenya Maritime Authority acting director-general Cosmas Cherop and other suspects will continue after their petitions challenging it were dismissed by the High Court.
Mr Cherop and his co-accused are charged with violating public procurement laws in the construction of KMA headquarters in Mombasa.
Justice John Onyiego dismissed two consolidated petitions from Mr Cherop, Mr Robison Mwangi Karigu, Mr Peter Kimani Kinyanjui, Mr Jared Biwott and Dennis Kipkorir.
The judge also dismissed a cross petition filed by Shipping and Maritime Principal Secretary Nancy Karigithu, who had complained about alleged defamatory remarks made by Mr Cherop.
Justice Onyiego ruled that the petitions and cross petitions did not meet the threshold for constitutional redress to warrant the grant of the orders sought.
The judge ruled that the constitutional rights of the accused were intact as due process had been followed in investigating and bringing charges against them.
“Whether there shall be a conviction or acquittal is a matter of evidence before the trial court and not speculation,” said Justice Onyiego.
The judge said the petitioners had not established specific violations suffered or provisions of the Constitution violated.
He also ruled that the questions of a claimed malicious prosecution and allegations that prosecutors had brought non-existent charges based on contracts already cancelled and reissued are for the trial court to determine.
“Unless established with clarity and sufficiently that the trial is intended to achieve an ill motive, the court should exercise caution in halting prosecution especially where public interest is at stake,” said Justice Onyiego.
He also said that allegations relating to corruption committed by the PS and her differences with Mr Cherop are personal and can be handled by relevant institutions and not the court through a constitutional petition.
“I do not see the relevance of the allegations made against Ms Karigithu. By virtue of being a PS in the ministry under which KMA falls does not make the PS automatically liable for every commission or omission committed by the Board of Directors of the authority,” said the judge.
The judge also said the claim against the PS is misplaced and an expression of anger and bitterness that is being vented on the wrong platform.
He said there is no proof that the PS maliciously instigated the petitioner’s prosecution even if she made a report that is not proven.
The report, he said, could not on its own go through without being investigated and approved by the Ethics and Anti-Corruption Commission (EACC) and the Office of Director of Public Prosecution (ODPP).
Mr Cherop had sought several orders, including one against the DPP, EACC and the Anti-Corruption Court to terminate the investigations, prosecutions and his trial and for the proceedings to be set aside.
For their part, Mr Karigu, Mr Kinyanjui, Mr Biwott and Mr Kipkorir had sought, among other orders, a declaration that the charges against them were unknown in law and thus defective.
In her cross petition, Ms Karigithu had sought compensatory and exemplary damages against Mr Cherop.
Prosecutors alleged that Mr Cherop wilfully failed to comply with Section 44 (2) (G) of the Public Procurement and Asset Disposal Act by failing to ensure that procurement procedures were followed by approving the awarding of a tender for the construction of the KMA offices and for electrical and plumbing works at adjusted sums.
