High Court Judge Justice Joel Ngugi on Monday, July 12, quashed the ongoing prosecution of lawyer Henry Aming'a Nyabere who was involved in a dispute over the inheritance of a British tycoon's property worth Ksh74 million.
Justice Ngugi also prohibited the Director of Public Prosecution (DPP), Directorate of Criminal Investigations, and the Chief Magistrate’s Court Nakuru from prosecuting, trying, hearing or taking any further proceedings whatsoever in relation to a criminal case pitting the State against lawyer Henry Aming’a Nyabere.
Nyabere was charged with six counts of forgery, making documents without authority, and conspiracy to defraud.
According to the prosecution, he allegedly assisted Sarah Joslyn, house-help and secretary to forge a will to inherit Richard Ingram Crawford's property after his death in February 2014. However, Stephen Maina contested the will claiming it was a forgery.
He said that the trial was a misuse of the criminal justice system as the DPP could not justify the criminal prosecution of the lawyer.
In addition, the judge claimed the DPP was acting not in the public interest required under Article 157 of the Constitution but for unknown, ulterior motives.
"The circumstances here reek of a rogue Investigating Officer who is driven by crazed animus against Sarah Josyln which has now been transferred to her lawyer. Unfortunately, the Investigating Officer so fueled by his own animus has not found the needed moderating and modulating judgment of the DPP," stated Justice Ngugi.
Justice Ngugi further indicated that there was no complaint in the alleged criminal offenses leveled against the lawyer.
Stephen Ngatia Maina had written a letter to the DPP indicating that he never lodged any complaint against the lawyer. The DPP remained adamant on prosecuting Nyabere despite the main complainant expressly requested the DPP to terminate the criminal trial against him.
In addition, the High Court judge ruled that the lawyer was being charged because of his duty to his client.
The judge also revealed that the trial had no listed witnesses and no witness statements availed for the criminal case.
"They are, so to speak, criminal charges filed in a vacuum and in search of facts and potential complainants and witnesses. They are floating dangerously waiting to crystallize at some point in the future," Justice Ngugi reiterated.
