The corruption case against Tharaka Nithi Governor Muthomi Njuki has been referred to the High Court.
In his ruling yesterday, Milimani Chief Magistrate Douglas Ogoti directed the file to be placed before a High Court judge to decide on issues arising over the jurisdiction and whether criminal procedure code is applicable when dealing with anti-corruption matters.
“Having heard the parties, the court has been asked to drop its pen since it has no jurisdiction to hear the matter.
This court seeks your (High Court) directions as to where this cases will be tried,” ordered Ogoti.
Ogoti sought for the High Court interpretation after it emerged that from the particulars of the charges facing Muthomi and 20 others were rightfully charged under the Anti- Corruption Act.
Offences are alleged to have been committed at two jurisdictions; Tharaka Nithi and at Consolidated Bank Embu branch and that there are four regimes of the law in the matter; Anti-Corruption and Economic Crimes Act, Public Procurement and Asset Disposal Act, Money laundering Act, Environmental Management and Coordination Act.
“From the above three scenarios and the particulars in this case, there are two jurisdictions in this matter.
And further from the facts, there are four regimes of the law in this matter. l directed the file to be placed before a High Court Judge to decide on the same issues,” said Ogoti.
Directive comes after four suspects made an application seeking transfer of their Sh34 million graft case to Chuka Law Courts.