Nyakach MP Aduma Owuor has filed an application seeking to stop a corruption trial against him.
The corruption charge arises out of work he did for the defunct city council of Nairobi as director of legal services. It is alleged that he conferred a benefit of Sh10 million paid in legal fees to the law firm which represented City Hall in a case.
Prior to becoming an MP he worked at the city council as director of legal services.
Part of his work was to ensure that cases instituted against the council are allocated promptly to lawyers.
He was also tasked with approving payments for work done by the council's external lawyers in conjunction with staff in his department.
In one of cases against the council, he instructed law firm of M/S Wachira Mburu Mwangi and company advocates. The law firm had been duly pre-qualified into the council's external lawyers' panel.
He then approved an interim payment of Sh10 million to the firm based on work done on the case and advise he got, says the MP.
Owuor later resigned and decided to vie for MP in 2012. He won the election.
However, the Director of Public Prosecutions has instituted a criminal case in relation to lawyers' fees.
The state accuses the MP of conferring benefit of Sh10 million paid in legal fees to the law firm.
He now says a report by investigating officer Mulki Umar is absolving him of wrong doing and listing him as a witness.
The MP claims that the prosecution did not supply him with any other investigations report which recommended charges against him.
And despite witnesses testifying against him, he said, he has not seen anyone who said that the payment of Sh10 million was unlawful.
He now believes the prosecution has failed to show how he unlawfully authorised payment of the money in question and how he conferred benefit to the law firm.
And as a result, he says, the case against him might have been started for other reasons other than purposes of criminal justice.
He says the case should be stopped pending hearing his application to avoid further tarnishing of his name.
The case was heard by judge James Makau who listed it for mention on September 11.
