Tobiko wants Muthama petition struck out

By PAMELA CHEPKEMEI

Director of Public Prosecutions Keriako Tobiko claims Machakos Senator Johnston Muthama is interfering with his work.

He said Muthama is impeding his investigation of allegations of irregular sale of the 20,000 acre Malili ranch. 

Tobiko is investigating allegations of fraud against Muthama and eight others. He asked through his lawyer Paul Muite for a petition filed by the senator at the High Court in Nairobi to be dismissed.

Muite said the case requires that the DPP respond substantively to the claims in the petition, yet he is still evaluating the police investigations file, evidence and documents. He said Tobiko is yet to decide whether give go ahead and prosecute the eight.

“The petition is premature, incompetent, unsustainable and ought to be struck out,” says Muite. Muthama moved to court on May 5 seeking orders to stop the DPP from arresting and prosecuting him over allegations of irregular sale of the ranch. The petition will be heard on June 4. Justice David Majanja declined to issue the orders sought by Muthama through John Khaminwa saying his arrest was not imminent.

The Senator filed the case after the Directorate of Criminal Investigations made a recommendation to the DPP to have Muthama and eight others prosecuted.