Huge setback for ex-Youth PS Lillian Omollo as fraud charges upheld
- The court noted that there is no prejudice that she will suffer for being charged separately for offences committed at different times.
- The case also involves different amounts of money and several companies.
- Omollo's defence team had argued that the charges presented before the court against her were unconstitutional and stood to violate her rights as an accused person.
The High Court has declined to quash fraud charges against former Youth Affairs PS Lillian Omollo.
In his ruling, Justice John Onyiego said that the fact that the charge is defective does not raise a constitutional issue.
“I am satisfied that the petitioner is not merited and the orders sought are not applicable and hence dismissed with no order as to cost,’’ said justice Onyiego.
Regarding lack of sufficient evidence in the case, it was ruled that the trial court will determine the issue.
Further, the court noted that there is no prejudice that she will suffer for being charged separately for offences committed at different times.
The case also involves different amounts of money and several companies.
Omollo’s defence team had argued that the charges presented before the court against her were unconstitutional and stood to violate her rights as an accused person.
Lawyer Stephen Ligunyan submitted that the charges as framed were devoid of any legal basis and were a sham.
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The advocate argued that on this basis, the case should not proceed to trial, urging the court to quash the defective charges.
He further claimed that it would not be possible to have ten trials begin and end without unreasonable delay and that the petitioner is likely to be locked in court battles for up to even five years.
She further claimed that lumping her case together with those of the 41 co-accused persons raises the real risk of unreasonable delay in the likely event that one of them absconds, falls sick or goes missing.
The DPP on his part submitted that the framing, consolidating and joinder of charges are matters discourse and determination before trail court hence the petition is premature and an abuse of court process.
The court also heard that Lillian Omollo having been arraigned in court and charged, understood her rights to a fair trial were safeguarded.
The DPP added that the accused failed to demonstrate that he acted partially and in bad faith or has abused the legal process.
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