The High Court has temporarily stopped a case in which Kapseret MP Oscar Sudi is charged with forging academic papers and presenting a false declaration before the 2013 General Election.
Justice Hedwig Ong’udi stayed the proceedings against the legislator last Friday, pending hearing and determination of his application to have the case dismissed.
The matter came up for mention yesterday before Milimani Anti-Corruption Court magistrate Felix Kombo. Sudi was not present.
Sudi had been issued with summons to appear in court and explain why his bond terms of Sh600,000 should not be cancelled after he skipped hearing on April 19.
The magistrate extended the summons and dismissed lawyer Thomas Ruto’s application to have the summons earlier issued against the MP lifted in his absence.
He said they have obtained a High Court order, staying the proceedings.
But Kombo said the order did not affect the summons, since the accused person is required to appear in court when required. He ordered that Sudi appears in court on May 18.
In the case, the politician is charged with forging his academic certificates and submitting a false declaration to the IEBC in 2013.
Last Wednesday, the magistrate fell short of issuing a warrant of arrest as had been requested by the prosecution after Sudi’s lawyer sought indulgence, saying the MP was “busy finalising his campaigns for nomination in the quest to retain his seat”.
“There is no sufficient grounds to waive the accused person’s presence in court as he has deliberately failed to appear for his trial as required,” Kombo said.
The prosecution, led by senior State Counsel Joseph Riungu, said the MP was taking the court process for a ride, saying the charges are “serious economic crimes”. Kombo said the accused’s failure to appear in court “has frustrated the court process”.
The magistrate warned Sudi that if he fails to appear in court as summoned, he will issue an arrest order.
Sudi’s lawyer sought the hearing be shelved until he completes his campaigns.
But prosecutor Riungu said a witness had travelled from Bungoma for the proceedings and the reasons given were not appropriate.
“The court should not be held to ransom in the face of political activities,” the prosecutor said.
The prosecution alleges that on January 30, 2013 at IEBC offices in Eldoret, Uasin Gishu, Sudi presented forged certificates to the electoral agency.
The prosecution alleges that Sudi’s diploma in Business Management allegedly issued by the Kenya Institute of Management and the KCSE certificate from Highway High School are forged.
The MP was charged after the EACC sent a report recommending the DPP to charge him with three counts of forgery.
The lawmaker also denied uttering false documents and providing false information to an officer at the IEBC.