A Nairobi court has dismissed an application made by seven accused persons in the case of the late Kabete MP George Muchai, who sought to have their robbery with violence charges declared illegal.
The seven, through their lawyers, had applied to quash the charges on the grounds of unconstitutionality.
The matter was scheduled for defense hearings, but the accused made the application for the fourth time in a row.
Chief Magistrate Lucas Onyina declined to quash the charges, instead setting a judgment date, noting that the accused had repeatedly refused to present their defense.
“The case was scheduled for defense hearing, but the accused persons have declined to tender defenses. I will deliver my judgment on October 22, 2024, at 2 p.m.,” the court ruled.
Lawyer Stephen Ongaro, representing the accused, urged the court to quash the charges, arguing that they were illegal following a High Court decision that declared robbery with violence charges unconstitutional.
Ongaro also cited Justice Anthony Mrima’s ruling that charges drawn and filed by the police were illegal and unconstitutional.
He argued that the charges did not meet the legal threshold, and the accused could not be called to defend themselves against an illegal charge.
“The section under which the accused are charged cannot stand on its own, and therefore they cannot be called upon to defend non-existent charges,” Ongaro said.
However, the DPP defended the charges, stating that they were valid, and the application by the accused was a tactic to further delay the case’s determination.
