A Nairobi Anti-Corruption Court has ordered Director of Public Prosecution Noordin Haji to investigate why court orders are not complied with in a case where former Sport CS Hassan Wario is charged over Rio Olympics.
“DPP to investigate why orders of this court dated November 6,2018 have not been complied with and report back in the next date where the investigating officer will be required and full disclosure should be done,” ruled Ogoti.
At the same time Ogoti has ordered DCI Boss George Kinoti to consider taking disciplinary action against Chief Inspector Joseph Kibet for not complying with court orders. .
“Kibet knowingly did not communicate to Chief Inspector Michael Muyia as was required. To this court that was misconduct,” ruled ogoti.
“This court has been accused of laxity however much it tries . The court shall not condone lazy officers if you know you’re not up to the task inform relevance authority. The court is aware that lack of communication of official order in a matter of the court is an offence under standing orders and i hereby make an order to served to DCIto consider taking action against the officer Kibet,” said ogoti.
Ogoti noted that the initial investigating officer who was alleged to be on leave was in court. “Michael Muia is court and has clearly stated he has come from leave today. Clearly there’s a game being played here ,” said Ogoti.
The orders were issued after the DPP applied for adjournment saying they have not supplied the documents because there were no proper communication to Muia who was Kiganjo training college.
Defence through lawyer Cecil Miller urged the courr to withdraw the charges against the accused persons since the prosecution was not ready to proceed with the matter.
“If the DPP is not ready they should withdraw the case and charge them when they put their house in order,” Miller urged the court.
He opposed prosecution application to be given 21 days saying that saying the accused career and life has stopped due to their prosecution.
They urged the court to grant prosecution the last adjournment in seven days.
Prosecution informed the court they were not ready for the pretrail which has failed to kick off for the third time as they had not supplied all the documents.
“There are outstanding documents not supplied which we intend to do before pre-trial conference,” said prosecution.
In the case former sport Cs Hassan Wario is facing abuse of office charges.
Kenya’s ambassador to Austria Hassan Wario and two others charged over allegations of embezzling of funds during the 2016 Olympic Games in Rio de Janeiro, Brazil.
Dr Wario, who is the former Sports Cabinet Secretary, was charged with six counts of abuse of office.
The two sports officials were charged with the offense of willful failure to comply with applicable procedures and guidelines relating to management of public funds.
They all denied charges leveled against them and have been freed on a Sh1 million cash bail as well as a personal bond of a similar amount.
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