Court of Appeal throws out lawyer plea in Sh213 million theft case

Lawyer Stephen Muregi Chege will face trial over the alleged theft of Sh213 million belonging to businessman John Mtay Saikwa.

The businessman had reportedly instructed Muregi on November 28, 2013 to act for him in the sale of his land in Nairobi for Sh300 million. A deposit of Sh7 million was paid directly to Saikwa and the balance of Sh293 million was transferred to the lawyer’s bank account.

The Court of Appeal has thrown out Muregi’s appeal challenging the dismissal of his constitutional petition by the High Court on January 24, 2015 seeking to stop his prosecution.

He had claimed that his constitutional rights and freedoms had been violated by the police, the Directorate of Criminal Prosecutions and the Director of Public Prosecutions since he had disbursed the money to various people on Saikwa’s instructions.

Appellate judges Philip Waki, Daniel Musinga and Agnes Murgor said the court can only interfere with the DPP’s constitutional mandate where there is evidence of violation of a person’s rights and freedoms on where the DPP or the police have clearly abused their constitutional powers.

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