Judge's transfer delays conclusion of Sh106m case

The transfer of the magistrate handling the Sh106 million alleged fraud case against Mwingi West political aspirant Jonathan Ngenga has delayed the conclusion of the long-running trial, with the Milimani Chief Magistrate's Court set to issue fresh directions on how the matter will proceed. 

When the matter came up before Senior Principal Magistrate Theresa Nyangena, the court directed that the file be mentioned after two weeks for directions before the incoming Chief Magistrate, following the transfer of Chief Magistrate Lucas Onyina to Mombasa. 

The latest development means the trial, which has been pending since 2020, will now await administrative directions before resuming, despite the prosecution indicating it was close to closing its case. 

Before his transfer, Chief Magistrate Onyina had been informed by the prosecution that only three witnesses remained before it could conclude presenting its evidence. 

The prosecution sought summons to compel the attendance of the remaining witnesses, telling the court that they included the initial investigating officer, who has since been transferred to Mombasa, and two officials from financial institutions.

"The current investigating officer is asking the court to issue summons for three remaining witnesses," the prosecutor submitted. 

The prosecution maintained that the testimony of the three witnesses was necessary before it could formally close its case against Ngenga and his co-accused, Peter Kamau. 

However, the impending transfer of the trial magistrate prompted the defence to urge the court to transfer the file to Mombasa so that Chief Magistrate Onyina could continue hearing the matter. 

Defence counsel argued that moving the case to another judicial officer would unnecessarily prolong proceedings that have already taken several years.

It will be in the interest of justice that we proceed before you. We are even willing to follow you to your new station if it is Mombasa. The investigating officer is already there, and the other witnesses can testify virtually if necessary," counsel submitted. 

Highlighting the age of the case, the defence further told the court: "We have been in this court since 2020. A child born then is now in PP2, heading to class one. Sending the file to another court will only delay justice."

Chief Magistrate Onyina, however, declined the request and directed that the matter remain at the Milimani Chief Magistrate's Court to be handled by his successor. 

As a result, the case is now awaiting directions from the incoming Chief Magistrate on the way forward. 

Ngenga and Kamau are facing charges in connection with an alleged Sh106 million fraud. The case is still before the court, and both have denied the charges.