DPP asks court to dismiss case challenging Tom Ojienda’s prosecution


Prof. Tom Ojienda
Prof. Tom Ojienda

In Summary

  • The DPP, through State counsel Wakio Mwamburi, said that Prof. Ojienda "deserves no mercy from the court and should be left to go face his accusers before the trial court."
  • In December last year, High Court judge Chacha Mwita issued orders temporarily barring Ojienda’s prosecution pending a determination on whether the DPP acted legally in preferring fraud charges against him.

Director of Public Prosecution (DPP) Noordin Haji has asked the court to dismiss a case filed by Prof. Tom Ojienda challenging his prosecution over claims of financial irregularities at Mumias Sugar Company.

The DPP, through State counsel Wakio Mwamburi, said that Prof. Ojienda “deserves no mercy from the court and should be left to go face his accusers before the trial court.”

“The DPP will demonstrate that the petition before the court is hopeless, and lacking in material particulars this court should be persuaded to reconsider its position on the order stopping investigations of whatever nature against Tom Ojienda,” Mwamburi argued.

The DPP in his responses said that he was highly prejudiced by the court order prohibiting the investigations and prosecution against Ojienda, who is accused of obtaining money from Mumias Sugar Company through fake legal cases.

“DPP denies having in any way violated any of Ojienda’s rights and freedoms adding that it is the duty of the State to prosecute any persons that injury the public through acts such as those that form basis of instant prosecution,” reads court documents.

Further, the DPP argued that together with the Director of Criminal Investigations have not in any way breached fundamental rights of Prof. Ojienda and are disinterested in his candidature for the Judicial Service Commission (JSC) seat.

“The attempt to draw JSC into woes bedeviling Ojienda is to create a wedge between the judiciary and the respondents and invitation the court must resist,” court was told.

 

In December last year, High Court judge Chacha Mwita issued orders temporarily barring Ojienda’s prosecution pending a determination on whether the DPP acted legally in preferring fraud charges against him.

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