State's bid to revive Joshua Waiganjo 'fake cop' case flops

Efforts by the State to revive case against alleged police imposter Joshua Waiganjo have hit a dead end.

This is after a High Court in Nakuru dismissed the Director of Public Prosecutions’ appeal to revive the case.

Waiganjo was cleared of impersonation charges in 2020. Judge Joe Omido, then Principal Magistrate said the prosecution’s case failed because it lacked sufficient evidence.

Waiganjo was charged alongside former Rift Valley provincial police boss John M’mbijiwe and former ex-Anti-Stock Theft Unit Commandant Michael Remi Ngugi, now deceased. M’mbijiwe and Ngugi were also freed.

Omido said the court could not determine with certainty whether Waiganjo was a police officer because no evidence was tendered to prove or disapprove of this. He added that the prosecution witnesses who testified were inconsistent during cross-examination.

“No one proved that Waiganjo impersonated a top officer, presided over a Kenya Forest Service function in Londiani and inspected a guard of honour. Prosecution witnesses said the person who officiated the event was not Waiganjo,” he said.

Further, Omido faulted the prosecution for leaving out crucial witnesses including arresting officers and the investigating officer in the case.

He noted that the court was supplied with a charge sheet but no arresting officer testified and explained why he arrested the accused persons.

The DPP through State Counsel James Kihara appealed against the acquittal of Waiganjo alone at the High Court in Nakuru. The DPP wanted the case re-opened.

In the appeal, the DPP said the court made an error in acquitting Waiganjo when there was more than sufficient evidence to place him on his defense.

But Judge Hedwig Ong’udi, in a judgment delivered on Wednesday, noted that the prosecution in the case was given all available opportunities to present all its remaining witnesses and evidence, but it did not.