A Former Senior Manager at the Kenya Power and Lightning company has lost a bid to quash criminal charges preferred against him at Kahawa Law courts for allegedly sabotaging electricity supply to some parts of the country.
Justice Lidembu Nzioka said the High Court should be slow in prohibiting prosecution and little interference unless there is a clear glaring violation of the powers by an Institution.
“The interest of the public demands that a matter of this nature where the acts complained of affect the public, its interest should be protected just as the interest of the suspect to a fair trial should. In the given circumstances, the case should be heard fully,” said the Judge.
Engineer Raphael Ndolo Kimue filed the case in court challenging the constitutionality, validity and legality of the arrest, pre-charge detention and criminal charges against him following the nationwide blackout that affected the country in December last year.
He sued the Director of Criminal Investigations, the Director of Public Prosecutions and the Kahawa Chief Magistrates Court.
He sought to have them restrained from undertaking any further criminal proceedings against him and an order quashing DPP's recommendation to charge him on the alleged incidents of vandalism of KPLC’s infrastructure.
He also wanted the criminal charges and charge sheet in Kahawa quashed.
He claimed the decision to charge him was influenced by the utterance of the Head of State who termed the alleged acts vandalism as “Economic sabotage”.
“That by succumbing to the Head of state pressure, the Directorate of Public Prosecution abdicated its duties under Article 157 of the Constitution of Kenya. Therefore, the court should not standby and allow gross abuse of legal process,” he said
But the Judge in dismissing his case said the trial is a due process of law.
“It does not per se, amount to violation of one’s right. It is the process of sieving, the truth from falsehood. If eventually he is acquitted, he can then sue for damages if he was maliciously prosecuted,” said the Judge.
