Blow to Jirongo after court orders him to take plea in criminal case

By , K24 Digital
On Mon, 19 Aug, 2019 17:02 | 3 mins read
A gavel. PHOTO | FILE
. A gavel. PHOTO | FILE

Former Lugari MP Cyrus Jirongo has suffered a major blow after a Nairobi court ordered him to take plea in Sh50 million land fraud case.

In his ruling, Milimani Chief Magistrate Francis Andayi made said that there is no stay order from Supreme Court stopping him from pleading to the criminal charges against him.

"l order the suspect Cyrus Jirongo to plead the five counts against him on or before Thursday," ruled Andayi.

The magistrate made the order in his absence after the politician failed to appear in court as earlier ordered.

Lawyer Danstan Omari who is representing Jirongo said that his client traveled to South Sudan for a business emergency and was unable to attend court.

"That he has apologized for not being present for the ruling. We ask the court to defer the ruling until Thursday when we will avail his traveling documents," said Omari.

But prosecution vehemently opposed the application, saying the suspect knew he was expected to come for ruling but opted to travel.

Andayi directed that he will read the ruling in the absence of Jirongo and gave him a benefit of doubt by failling to issue warrant of arrest but directed him to plead to the charges before Thursday.

" I note that Jirongo took the risk of travelling outside the country without the courts permission. I, therefor, give him a benefit of doubt and directe him to appear in court on or before Thursday for plea.

Jirongo is expected to plead to charges of obtaining execution of security by false pretence, making a document without authority, uttering a false document and giving fabricated information to a person employed in the public service.

The politician is accused of giving false information linking the late Jonathan Moi to a Sh50 million land fraud dispute.

He is alleged to have committed the offences between 1992 and 2015.

The charges against the former MP relate to a sale agreement in relation to land Nairobi LR No. 209/ 11151 situated at Upper Hill at the corner of Elgon Road.

Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.

It is said that Jirongo told investigator Maxwell Otieno that he paid Sh7 million to the late Jonathan Moi as an alleged balance of payment for purchase of Soy Developers Ltd ownered by Sammy Boit Arap Kogo and his wife Antoinette Boit.

Further, the politician is accused of forging signatures the two directors of the disputed land in the title deed and used the same to obtain a loan at Post Bank Ltd to Cypress Projects International.

In 2016, the Director of Public Prosecution (DPP) recommended Jirongo to be charged with the offences following comprehensive investigations conducted by detectives from DCI's Office.

Later Jirongo moved to the High court seeking orders prohibiting DPP, DCI, and IG from charging him with the offences.

In his Judgement, Justice Odunga had quashed the fraudulent charges the former legislator saying that the claims by Jirongo the criminal suit against him was being used to settle political scores had merit.

He later went ahead and stopped thek DPP, DCI, AG, and IG and the Milimani Chief Magistrate Court from proceeding with his trial.

The Judge also said the court has a constitutional duty to ensure that a flawed and threatened trial is stopped if it is likely to violate any of Jirongo’s rights.

However, the Court of Appeal Judges Alnashir Visram, Otieno Odek and Wanjiru Karanja while reinstating the charges against Jirongo noted that " there is no evidence on record to prove bias on the part of the DPP in making the decision to charge the politician."

The Judges said that issues relating to fraud are public interest matters best suited for determination and punishment in criminal proceedings.

"It is our view that Justice Odunga went against the public interest in preventing investigations and prosecution of allegations relating to fraudulent transfer and acquisition of the suit property," ruled the Judges.

They also found that :" In going against the public interest , the Judge interfered with the prosecutorial mandate of the DPP to make decision to charge or not to charge an individual."

Further, the judges said Odunga failed to evaluate the evidence availed by investigator Otieno while quashing charges against Jirongo.