Tobiko appeals court decision to spare Oparanya

Director of Public Prosecutions (DPP) Keriako Tobiko intends to appeal against a recent verdict which saw Kakamega Governor Wycliffe Oparanya spared from facing prosecution for failing to honour summons to appear before the Senate.

In a notice of appeal filed at the High Court on Tuesday, the DPP said he will appeal against the verdict issued by Justice George Odunga last week.

“The DPP herein being dissatisfied with the decision of the High Court given on June 29, will appeal to the Court of Appeal against the whole decision,” read the notice.

Mr Oparanya was to appear before the Senate on July 19, last year to respond to audit queries on financial operations of the Kakamega County for year 2013/2014.

But he failed to do so, hence the DPP had recommended that he faces prosecution.

CAN’T EXERCISE POWERS

However, he filed a suit to protest being arrested and charged. He sued the DPP, the Senate and the Director of Criminal Prosecution.

And Justice Odunga granted him reprieve in his verdict because he barred the sued parties from prosecuting him on the given grounds.

The judge also ruled that the Senate cannot exercise its powers in a manner that cripples the oversight mandate of county assemblies.

Justice Odunga further ordered that when a County Assembly is considering a report of the Auditor General prepared, the Senate cannot concurrently exercise its powers to simultaneously consider the same report and vice versa.

ODUNGA DECISION

“It is my view that the County Assembly does not have the final word on the auditor’s report when it touches on the national revenue allocated to the County Governments,” Justice Odunga ruled.

He added: “Since the Senate has the power of oversight over such revenue, nothing bars it from considering a report of the auditor subsequent to the conclusion of the debate by the County Assembly on the same.”

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