State prosecutor Willy Momanyi is not out of the woods yet.
The high court declined to quash a penalty of spending a day in the coolers and an additional fine of Ksh25,000 meted out by a magistrate after prosecution witnesses failed to turn up for a trial for the umpteenth time in a decade old Ksh11 million theft case involving a former National Council of NGOs heavyweights, Phillip Okeyo Obure, Simeon Sagana Kanani and Lucas Matiko Chacha.
Prosecutors had mounted mounted an objection against Momanyi’s conviction on the ground that the order convicting Momanyi ought to be revised on account that the right procedure was not followed before a guilty verdict was reached!
Justice Ngenye Macharia though released the prosecutor on a personal bond of Ksh10,000 pending his appeal of the sentence for contempt. She said she would not vacate the penalty at this stage because the application before her was not an appeal but a request for a review.
The judge also directed that the theft case be re-opened forthrightly but the case to proceed before a different court because of obvious hostility between Momanyi and magistrate Tobiko Sinkiyian.
Sinkiyian had closed the case file after the unfortunate incident.
“Having found that the prosecution case shall re-open, it isa obvious that the hostility between the learned magistrate and the learned state counsel who is charged to prosecute the matter cannot be wished away.And therefore, to insist that the matter goes back to the same court would be an injustice to the court itself…”justice Macharia said.