Four state prosecutors did not appear to prosecute Embakasi East MP in the subversion case. Paul Ongili, alias Babu Owino, and six others were arrested during anti-government protests over the high cost of living in July .
Anderson Gikunda, a prosecutor who held their brief, told Milimani Chief Magistrate Lucas Onyina that he was merely instructed to seek another trial date.
Following their absence in court, Babu Owino informed the entire DPP’s office that in the future, if he fails to appear in court, the state should not pursue a warrant of arrest, regardless of his absence in court.
” The DPP is a time waster and has no respect for the rights of accused persons. We serve expeditiously justice. This case should have ended today as the witnesses in the case are only four police officers,” protested Owino.
Two defence lawyers Danstan Omari and Duncan Okatch joined the cue protesting bitterly before Onyina that the Prosecution is a big letdown to justice.
” DCI and DPp can not arrest people bring them to court and fail to turn up to prosecute them. It is not fair administration of justice,” Okatch told Onyina.
The lawyers told the court that when Owino, Calvina Gaucho, Tom Odongo, Michael Otieno, Pascal Ouma, Kelvin Wambo, and Willy Barak were arrested last month the prosecutors said they were ready to prosecute the case expeditiously.
” Where are they now? What has happened? Is it because when they arraigned the accused persons they wanted to exhibit a show of solidarity because there was no DPP or has the newly appointed DPP Ingonga instructed them not to come to court? ” Posed Okatch.
They urged the court to put to an end the practice of skipping court by the senior prosecutor during the trial of political cases.
The lawyers made a scathing attack on the Prosecution during the hearing of an application by Gaucho to have OCS Kileleshwa and the investigating officer Chief Inspector KIPROP who is the DCI regional commander in Nairobi county summoned to appear in court over allegations of assault.
Gaucho Claims on July 20, 2023, while detained at Kileleshwa police station, he was attacked by 30 hooded goons who beat him up and injured him seriously.
In a brief ruling, the magistrate hesitantly adjourned the case to September 5 to enable prosecutors to attend court.
In the case, the MP and six co-accused persons are charged with planning to commit subversive activities in July during the Azimio Coalition anti-government protests
