Relief for Oscar Sudi as court stops case challenging validity of his credentials
The High Court has temporarily stopped a case in which Kapsaret MP Oscar Sudi is charged with forging his academic credentials and presenting a false declaration in the 2013 General Election.
Anti-Corruption lady justice Hedwing Ong’uoi stayed the proceedings against the legislator pending the hearing and determination of his application to have the case against him dismissed.
When the matter came up for mention yesterday before trial magistrate Felix Kombo of Milimani Anti-Corruption Court who had earlier issued summons for Sudi to appear in court personally yesterday and explain why his bond terms of Sh 600,000 cannot be cancelled after he deliberately skipping a hearing of his case on April 19,2017 his lawyer informed the court that his client was not also present in court as ordered.
The magistrate, however, extended the summons against Sudi and dismissed lawyer Thomas Ruto’s application to have the summons earlier issued against the MP be lifted in his absence, saying they have obtained a high court order staying the proceedings.
But Kombo ruled out saying the order was not affecting the summons since the accused person is required to appear in court in person when required. He ordered the accused must appear in court on May 18 to explain why his bond terms should not be cancelled.
In the case the politician is charged with forging his academic certificates and submitting a false declaration to IEBC during the 2013 general election.
Last Wednesday the magistrate fell short of issuing a warrant of arrest against the MPas had been requested by the prosecution after Sudi’s lawyer Ruto sought indulgence stating that the MP was “busy finalising his campaigns for nomination in the quest to retain his seat.”
“There is no sufficient grounds to waiver the accused person’s presence in court as he has deliberately failed to appear in court for his trial as he was required,” Kombo said adding that the absence was “dubious.”
The prosecution led by senior state counsel Joseph Riungu said the MP was taking the court process for a ride, saying the charges he faces are “serious economic crimes.”
Kombo said the failure of the accused to appear in court “has frustrated the court process and therefore issue summons for him to appear in court yesterday to show cause why his bond terms of Sh 600,000 should be cancelled.”
The magistrate warned Sudi that if he fails to appear in court as summoned then he will go ahead and issue an order for his arrest.
