City lawyer Phillip Murgor has sued the Director of Public Prosecutions (DPP), the Director of Criminal Investigations (DCI), the Attorney General, the Inspector-General of Police Service, and Kibera Law Courts' Chief Magistrate in a case where he is challenging his nieces' prosecution over assault allegations.
In documents filed before the High Court Constitutional and Human Rights division and which are in our possession, Murgor accuses the top government officers of colluding with Ndichu brothers to have his nieces Cheryll and Stephanie Murgor charged with criminal offences in a bid to blackmail and coerce them to withdraw the complaints against the twin brothers.
The lawyer further claims that the prosecution of his nieces is illegal as they are vulnerable victims of Sexual and Gender-Based Violence (SGBV) in
an incident that took place on October 16 and 17, 2021 at Emara Ole-Sereni Hotel.
While seeking to suspend the prosecution of the two sisters, Murgor further informed the court that the intention to prosecute them is a contravention of his fundamental rights to a fair trial, fair administrative action and amounts to an abuse of the legal process.
"The illegal and unconstitutional actions by the DPP Noordin Haji amounts to an act of corruption and abuse of office, as it is not supported by sufficient evidence," he said.
He told justice Antony Mrima that the Director of Public Prosecutions has submitted to pervasive political influence from aspiring politician Edwin Sifuna, the ODM Secretary-General, in order to win political favour and support to remain in office.
"The DPP, who is embattled in wars with the DCI, Attorney General and the Public Service Commission, over questions over his competence and integrity has taken his decision to charge the two sisters, not based on an independent analysis of the evidence or other lawful consideration, but by way of corrupt and undue influence, and has submitted to pervasive political influence from aspiring politician Edwin Sifuna, the Secretary General ODM, in order to win political favour and support to remain in office," Murgor states in the court papers.
The lawyer also claims that the actions of the DPP are illegal and amount to an abuse of office for personal benefit, and are unconstitutional as they grossly violate the rights of the sisters.
As a result, Justice Mrima temporarily issued orders stopping the state from preferring any criminal charges against Murgor sisters at the Kibera Law courts pending the hearing of the case challenging their prosecution.
The sisters-Cheryll and Stephanie Murgor were set to face charges for affray and assault three people on Wednesday, March 23, 2022.
According to a charge sheet presented in court Cheryl and Stephanie Murgor are to be charged with affray contrary to Section 92 of the Penal Code for fighting each other at the reception of Emara Ole Sereni hotel which is a public place.