A BUSINESSMAN who implicated former nominated Mp Betty Tett in a murder conspiracy now wants a pending trial of the man he claims had been sent by the politician to kill her, stopped at a magistrate’s court.
Andrew White in a petition at the high court has raised an objection against the trial for John Wachira in a case in which the latter is charged with demanding money with menaces and giving false information.
White claims the DCI erred in re-drawing Wachira’s file with lesser charges than the original conspiracy to kill charge that was since dropped upon Tett’s name being cleared.
On the other hand, the suspect wants the criminal case pending at the Kibera law courts to proceed into its logical conclusion.
White in his petition challenges the manner in which the Director of Criminal Investigation probed the matter and came up the charges against Wachira which was formerly a charge of conspiracy to kill and had ropped in Tett before her name was cleared and the latter charged with giving false information.
White now wants the matter pending before the Kibera court stayed,until the hearing and determination of his petition at the high court.
He claims the manner in which the DCI handled the matter “raises suspicion.”
Wachira through lawyer Odera Were, says that White’s petition is defective and should be dismissed with costs, and that “the criminal case coming up for hearing June 12 2018 at the Kibera law courts be allowed to proceed.
“The petitioner is guilty of latches and should not be allowed to delay the proceedings pending before at the Chief magistrate’s court,” Were argues.
He states that the criminal charge against Wachira is “quite distinct and cannot form a cause of any delay for the hearing which has been set by the trial court.”
White in his petition has cited “poor investigation” and the inadvertent transfer of Justice John Mativo from the Constitutional court to Judicial review division, saying that the judge was supposed to hear the petition before the changes were made.
He argues that the transfer of the judge will delay the hearing and determination of his petition, saying that the trial magistrate has intimated that the court will proceed with the hearing of the criminal case against Wachira,before constitutional issues he has raised have been dealt with.
When the case was mentioned, Justice Chacha Mwita, directed that the matter be placed before Justice Okwany on June 8 2018 for directions.
Conspiracy to kill
Wachira is charged with giving false information to Joseph Ondoro, a superintendent of police , on December 30 2014 at Dagoretti Police station.
He is accused of misinforming the police officer that he had been hired by Betty Tett to kill Andrew White,”knowing that the information was false and would cause the police officer to arrest Tett,” a thing he ought not to have done.
The suspect is also charged with demanding Ksh3 million from White on December 25 2014 at Lavington, Nairobi, with intent to steal.
He had earlier been charged with conspiracy to kill but the file was closed after fresh investigations that cleared Tett.