High Court puts off plea taking by EADB top official in Tuju case
Following the stay order, Senior Principal Magistrate Dolphina Alego suspended a warrant of arrest she had issued on Tuesday until the High court pronounces itself on the matter
The High Court has suspended for five months trial of the criminal case against a senior official of a regional bank involved in a Ksh 4 billion commercial disputes with a former Foreign Affairs Cabinet Secretary Raphael Tuju.
Justice Chacha Mwita ordered the DPP and the chief magistrate’s court not to try Isaack Nyongesa Okwara of the East African Development Bank until June 11.
Following the stay order, Senior Principal Magistrate Dolphina Alego suspended a warrant of arrest she had issued on Tuesday until the High court pronounces itself on the matter.
The order staying the criminal case was presented before the magistrate by Senior Counsel Fred Ojiambo.
Ojiambo said that the High Court suspended the trial on the grounds that Okwara enjoys diplomatic immunity.
However lawyer Dancun Okatch for the complainant objected to the stay saying the law does not protect criminal activities,
“My client has been a minister for foreign affairs and has lodged a lawful criminal claim against Okwara who now pleads diplomatic immunity to escape justice. The law must take its course,” Okatch told the magistrate.
He said that Tuju has filed an application in the High Court to vacate the order protecting Okwara from prosecution.
Okwara had been summoned to court to answer charges of giving false information to Inspector Dancun Maina on August 8, 2023, that Tuju a director of Dari Limited had given a false statement in relation to a loan advanced by EADB to the former Minister’s company.
Upon discovery that Okwara had lied to the DCI officers, Tuju filed a claim against him.
Director of Public Prosecution Renson Ingonga has drafted a charge against Okwara of lying about Tuju with a view to have the former CS arrested and prosecuted.
The magistrate added that Okwara has travelled to Uganda when he knew he was required to be in court to face justice.
Okatch said that the stay order issued by the High Court is not a license for Okwara to disobey an order the required to attend court to keep himself abreast with the proceedings in court.
On January 28, Milimani Chief magistrate Susan Shitubi had directed Okwara to appear before Ms Alego to plead to the charge of giving false information.
The EADB and Dari dispute stems from a loan it received to develop its 27 acres parcel of land at the upmarket, Karen area.
EADB advanced the facility to Dari Limited to construct high end two storey Villas at Entim Sidai area.
On the land stands a palatial house built 94 years ago by a Scotish Missionary Dr Albert Patterson.
Mr Tuju has since converted the coveted house into a classy hotel.
EADB moved to recover an outstanding loan of USD($)11,462,757.
Tuju has got a reprieve when he was allowed by Justice Alfred Mabeya to cross-examine a DCI officer regarding paper trail of the transactions.
The suit has scaled from the high court all the way to the Supreme Court.
Mr Tuju is fighting tooth and nail to ensure that he does not lose the multi-billion property.
Okwara is charged with giving false information on August 8 2023 at DCI Headquarters to Inspector Duncan Maina that Tuju had made a false statement as a director of Dari K]Ltd, illegal transfer of mortgaged property and making unlawful receipts.
The charge further claims Okwara knew the false information would cause Inspector Maina to commence criminal investigations against Tuju.
