It is bit of a relief for businessman Jimmy Wanjigi after High court extended orders stopping his arrest until 8th December 2017.
High court judge Chacha Mwita also declined to vary Wanjigi’s anticipatory bail since the affidavit by the DPP has not been responded.
“I don’t see any reasons to vary the bail terms, the affidavit filed by the DPP has not been responded to enable me make a ruling, “Justice Mwita ruled.
In an affidavit, the DPP claims that there is reliable information on the commission of offence adding that the decision whether or not to prefer criminal charges can only be made by the DPP at the conclusion of investigations and in accordance with the facts, evidence the constitution and all relevant laws.
Through lawyer Daniel Mule, the DPP said that the decision to prosecute is based on both evidentiary and public interest tests.
He adds that the matters under investigations are very serious allegations and pose a serious threat to National Security and Public Service.
The DPP argued that it would be improper and inappropriate for the court to prevent, prohibit or stop any legally constituted Agency including the police from discharging its legal mandate.
“The police and other enabling legislation have not only the mandate to but the powers and obligations to investigate or suspicion of commission of a crime and upon completion, forward the inquiry file to the DPP for purposes of making the decision whether or not to prosecute,” reads the affidavit.
He told the court that Wanjigi and his wife engaged in conduct which hindered, obstructed and impeded such investigations.
Mule further asked the court to observe strict bond terms due to the nature and seriousness of the offense and post substantial securities together with sureties.
The DPP also wants the Wanjigi’s to deposit travel documents in court and not to leave its jurisdiction without notifying the police and the court.
The DPP wanted the Sh. 50,000 anticipatory bail granted to Wanjingi be set aside and varied to reflect the foregoing.
The businessman is represented by Senior counsel James Orengo, Otiende Amolo, Harun Ndubi among others.