The High Court in Nakuru has stopped a magistrate’s court from delivering a ruling in a case involving police impostor Joshua Waiganjo and two former senior police officers.
Justice Joel Ngugi stayed the proceedings before the lower court after the office of the Director of Public Prosecutions (ODPP) Nakuru accused the magistrate’s court of prematurely closing their case without crucial testimonies from the investigating officers.
Yesterday, the judge certified the matter as urgent and directed the applicants to file and serve their application to the respondents in the matter before appearing for an inter partes hearing.
“The proceedings before the lower court are hereby suspended until the application filed by the ODPP is heard and determined, the applicants are to file and serve the application to the respondents in the matter,” ruled Ngugi.
Reopening of case
ODPP Senior Assistant Daniel Karuri told the judge that the lower court erred in closing the prosecutions case before its last three witnesses could testify despite them being in court.
Karuri is seeking the reopening of the case and allow three witnesses Fatuma Hadi, Gideon Kimilu and Joseph Ngisa, all who are superintendents of police, to testify in the matter.
He accused the lower court of being impartial in handling the matter saying that on August 28, 2017 when the case was closed, the prosecution was not given enough time to present its witnesses.
The lower court was supposed to rule on whether the respondents have a case to answer or not yesterday.