DPP asks court to dismiss Governor Samboja's forgery petition
What you need to know:
- Mr Samboja moved to court seeking to stop the EACC from investigating and prosecuting him over his academic papers.
- If the evidence is sufficient, Mr Samboja is likely to face charges of uttering false documents.
The Director of Public Prosecutions wants a petition filed by Taita-Taveta Governor Granton Samboja seeking to stop investigations into claims that he forged his academic certificates dismissed.
In an application to be heard in January, Mr Keriako Tobiko says the petition was made in bad faith and was meant to stop his office from discharging its duties.
The DPP said he will independently review the file and evidence gathered before arriving at a decision on whether or not to charge the governor.
EACC
If the evidence is sufficient, Mr Samboja is likely to face charges of uttering false documents, providing false information and making a false statutory declaration.
The DPP, through Mr Fredrick Ashimosi, said in the application that he had acted within his constitutional and statutory mandate.
Mr Samboja moved to court seeking to stop the Ethics and Anti-Corruption Commission (EACC) from investigating and prosecuting him over his academic papers.
FORGERY
The anti-graft body filed a case questioning his academic papers, saying they are forgeries, after Kenyatta University disowned them.
But Mr Samboja faults the EACC, saying it has assumed the role of a prosecutor and judge and already found him guilty.
He says the EACC forcibly sought to obtain documentary evidence from him, contrary to the Constitution and maliciously recommended to the DPP that he be charged.
The case will be heard on January 27.