Written By Mary Mumbua 📝
A Kenya Bureau of Standards (KEBS) official in Mombasa who is accused of stealing Sh26.3 million from the agency has lost an attempt to have his prosecution halted.
Mr. Augustine Wachira Maganjo’s petition was dismissed by High Court judge John Mativo, who said he had not demonstrated that his prosecution lacked factual basis or was an abuse of the court process.
Justice Mativo also ordered that the case against Mr. Maganjo, who is charged alongside four of his colleagues, be heard and decided.
According to the judge, Mr. Maganjo presented a detailed account of his duties and responsibilities while attempting to shift blame to his co-accused.
“But that’s how far it goes, the law is that it is not for this court to determine the veracity of or to weigh the strength of the evidence or accused persons defence. That’s a function for the trial court hearing the criminal trial,” said Justice Mativo.
Justice Mativo went on to say that the court can only intervene if there are credible and proven allegations of Constitutional or constitutional rights violations, threats to rights violations, or clear circumstances indicating that the accused will not be given a fair trial.
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