Director of Public Prosecutions Noordin Haji was yesterday ordered to serve National Assembly Majority Leader Amos Kimunya with the appeal challenging his acquittal over Sh60 million graft case.
High Court Judge Justice James Wakiaga made the directive after Kimunya told the court that he is yet to be served with the appeal seeking to overturn the lower court’s decision to free him of corruption allegations relating to the disposal of public land.
Court gave both Kimunya (pictured) and the DPP 21 days to file written submissions in the case before hearing on November 25.
Haji has moved to the High Court seeking orders to quash the lower court’s decision to acquit Kimunya and his co-accused over corruption charges for lack of evidence on May 20, 2020.
DPP argues that Trial Magistrate Felix Kombo erred in law by not considering the overwhelming evidence on record and went ahead to acquit Kimunya under section 210 of Criminal Procedure Code.
“Magistrate erred in law and fact by failing to properly consider weight of the charges as against the evidence adduced,” says the DPP.
DPP further contends that the magistrate erred in law and fact in finding that the settlement Trust Fund referred as Settlement Trust was the complainant and not the Ministry of Agriculture.