It is another blow for former Devolution PS Peter Mangiti after high court declined to stop his prosecution over the NYS scandal.
While delivering the ruling, Justice Hedwig Ong’udi that Mangiti should have challenged the charges he is facing before the trial court.
She further ruled that there has been no demonstration by Mangiti to show that DPP and EACC acted out of jurisdiction.
“It is only the trial court upon hearing the witnesses that will determine whether there was any conspiracy and if so, whether Mangiti was involved or not,” Justice Ong’udi ruled.
The judge said that it would not be proper for her to get to know and evaluate the evidence, as doing so would be going beyond her jurisdiction in judicial review.
The former PS moved to the high court seeking to stop his prosecution on grounds that the institution of the criminal proceedings was an illegality and based on irrationality, procedural impropriety and abuse of power.
Mangiti argued that his role in the procurement process was limited to appointing of the ministerial Tendering Committee and signing of the contract of the award of the tender.
However, the DPP argued that the applicant had not demonstrated how the decision to charge him had violated any of the provisions of the constitution or any other written law.
Mangiti was charged alongside former NYS Director-General Nelson Githinji with attempts to block senior deputy director-general in charge of administration, Adan Harakhe to ignore following up the scandal that lead to loss of millions.
They are accused of were accused of threatening Harakhe to drop his interest in pushing the case or face dire consequences.
According to the charge sheet, the accused, among them accountants, finance officers, store keeper and audit officer, facilitated fraudulent payments amounting to Sh791 million between December 1st, 2014 and June 5th 2015.