The high court has restrained Director of Public Prosecutions (DPP) from prosecuting a city lawyer who claims that his life is danger after testifying in a petition challenging the victory of Machakos Governor Alfred Mutua.
Lady Justice Roselyn Aburili also barred the Director of Criminal Investigations (DCI) from probing the signature endorsed in affidavits filed by Wiper gubernatorial candidate Ms Wavinya Ndeti in the suit against Dr Mutua.
Justice Aburili suspended indefinitely all investigations and prosecution of Mr Ham Langat who commissioned the affidavits filed in the petition against Dr Mutua until the case filed by the advocate is heard and determined.
The judge heard that soon after Mr Langat testified before Justice Aggrey Muchelule who is hearing the petition, he received threats of dire consequences through his mobile phone.
“Shortly after appearing in court on December 11, 2017, the County Criminal Investigations (CCIO) Machakos County together with gun wielding Flying Squad officers stationed at Chumvi Police Station visited my Nairobi Kileleshwa residence and inter alia threatened that my family will face dire consequences,” Mr Langat says in the evidence filed in court.
The lawyer adds: “The said police officers alleged action would be taken against Langat for testifying against Governor Mutua, set to be the President of the Republic of Kenya.”
Seeking orders to restrict police from pursuing him. Mr Langat said he is entitled to fair administrative action that is expeditious, lawful , reasonable and procedurally fair.
Justice Aburili said the continued harassment of the advocate by Machakos County Criminal investigation officer and other police officers should not continue while the matter is still pending for determination.
Mr Langat accompanied by lawyers Daniel Maanzo and Nelson Havi told journalists that he fears for his life and that should anything happen to him or to any of his family members then “ those he has mentioned in his report to Kileleshwa Police Station should be held responsible.”
Mr Havi and Mr Maanzo said threats against lawyers is a threat to justice and that “ those bent to exterminate lawyers should not be allowed to carry out their threats to defeat those pursuing justice.”
Justice Aburili directed the matter be mentioned on 24 January 2018 for further directions.
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