The Director of Public Prosecutions (DPP) opposed an application by accused persons linked to the Anglo Leasing scandal seeking to have their defence heard by the trial magistrate who had earlier acquitted them.
On Thursday, the accused, through their defence team, requested the Milimani Chief Magistrate’s Court to transfer the case to Chief Magistrate Felix Kombo who had, on 19th January 2024, acquitted the accused under Section 210 of the Criminal Procedure Code.
However, the High Court later quashed the acquittal following a successful appeal by the DPP.
The appellate court ruled that the accused be placed on their defence, having found that the trial court erred in acquitting them.
In opposing the application, the DPP, through prosecutors Jeremiah Walusala and Christine Marete, urged the court to assign the case to any magistrate currently stationed at Milimani Law Courts to ensure the matter is heard and concluded without further delay.
Prosecution argued that since the matter has been in court for over a decade, allocating it to a magistrate on transfer would only cause unnecessary delays.
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