Nakuru Constitutional Petition E028 of 2022
Professor Mary Khakoni Walingo versus Directorate of Criminal Investigation and others.
The Constitutional and Human Rights Court in Nakuru has exonorated Prof. Mary Walingo, the VC of Maasai Mara University from the Anti-Corruption, charges against her. The court made a finding that the charge sheet as drawn was defective reasons;
The amount alleged to have been pilfered is not tallying with the evidence produced.
There were no sufficient investigations done, and the same did not meet the threshold for levelling charges against the VC.
National Police Service usurped the powers of DPP by making the decision to charge and drawing charge sheets, a prerogative of the DPP.
The threshold to sustain the charge has not been met coupled with the fact that there are serious loopholes in the evidence provided.
ORDERS OF THE COURT.
A declaration be and is hereby issued that investigations on the petitioner by the DCI and the DPP’s institution of criminal proceedings against the Petitioner in Nakuru Anti-Corruption Case number E002 of 2020, – Republic v Professor Mary Khakoni Walingo & 4 others violates her constitutional rights, is an abuse of the process of the court and therefore unlawful, null and void ab initio;
An order of certiorari be and is hereby issued removing into this court and quashing the entire charges and charge sheet dated 26th August 2020 and Proceedings against the Petitioner in Nakuru Anti-Corruption Case number E002 of 2020, – Republic v Professor Mary Khakoni Walingo & 4 others.
An order of prohibition be and is hereby issued against the 1st, 2nd and 3rd Respondents from investigating, recommending the prosecution or commencing any prosecution of the petitioner in respect of which Nakuru Anti-Corruption Case number E002 of 2020, – Republic v Professor Mary Khakoni Walingo & 4 others was instituted
These were the orders of the Court.
Manwa Hosea
Advocate for Prof. Mary Khakoni Walingo.
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