The Director of Public Prosecution has requested the court to reject an application filed by Busia Governor Sospeter Ojaamong, requesting a pending corruption case against him and others to be declared as a mistrial.
“In the circumstances, the prosecution avers that this Petition is res judicata and fits the bill for dismissal on that basis and it is nothing more than an abuse of the process of the court, ” reads court papers filed by the DPP.
The governor obtained a temporary relief last week, after the High Court temporarily suspended his trial in the graft case of Ksh.8 million waste management.
The suspension of the case came after the Governor filed a petition saying that he had suffered a mistrial when the prosecution lawyers threatened and intimidated his witness.
“…the rulings delivered by both the trial court and the various high courts that were involved are matters that may be challenged by way of appeal or review or through the process provided for under the law but are not matters that can be addressed through a constitutional petition,” argued the DPP.
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