A Nairobi court has released five people who were charged with corruption, alongside Former Kiambu Governor Ferdinand Waititu.
The five; Zacharia Njenga Mbugua, Joyce Ngina Musyoka, Simon Kabocho, Anselm Gachukia Wanjiku, and Samuel Muigai Mugo were released after charges against them were dropped.
They were charged with willful failure to comply with the law relating to procurement.
Aggrieved by the decision by the office of the directorate of public prosecutions (ODPP) to charge them, they moved to the high court seeking to stop their prosecution at the lower court.
Lady Justice Maina of the High Court in her judgment did notice that indeed the ODPP erred in fact and law by initiating prosecution against the five accused persons.
The learned Judge in her wisdom stayed their prosecution at the lower court hence blocking the magistrate, the EACC, and the ODPP from proceeding with the graft case against the accused persons.
The deputy DPP, Alexander Muteti this morning approached the trial magistrate seeking to adjourn the case to seek directions from the Director.
According to the prosecution, the ODPP was served yesterday with an order by the High Court of Kenya prohibiting the ODPP, the Lower Court, and EACC from proceeding with the matter after four of the accused persons in the case challenged the decision by the ODPP to charge them.
The Anti-corruption Court Magistrate Nzioki discharged the five accused persons pursuant to the orders by the High Court stating that the order was binding to the lower court.
The magistrate, however, directed that Waititu and the other remaining accused persons should appear before the court during the case trial.
