THE STANDARD
POLITICS
Kapseret Mp Oscar Sudi at Nakuru Law Courts on September 23, 2020. [Kipsang Joseph, Standard]
Kapseret MP Oscar Sudi has lost a bid to stop his prosecution over allegations of forging academic certificates.
Court of Appeal yesterday dismissed his application, noting that it had no powers to order a magistrate's court to stop hearing the criminal case.
According to Court of Appeal judges William Ouko, Wanjiru Karanja and Asike Makhandia, Mr Sudi does not appear to challenge the criminal case but was aggrieved about the constitutionality of the charges.
“The said criminal proceedings are not the subject of the appeal before this court. It is discernible from the notice of appeal dated August 10, 2017, as well as the draft memorandum of appeal annexed to the motion, that the subject of the appeal is the High Court’s judgment dated July 24, 2017, which dismissed the applicant’s constitutional petition. As such, we have no jurisdiction to stay the criminal proceedings in the chief magistrate’s court,” they ruled.