The High Court has ordered the retrial of an MP whose bribery charges had been dropped.
Kasarani MP John Njoroge Chege had been charged with corruptly receiving Sh100,000 to facilitate the payment of Sh3.3million to a secondary school, but was acquitted.
Supreme Court Judge, Justice Isaac Lenaola, who heard the case when he was sitting at the High Court, directed the MP to be tried before any other magistrate and not the one who heard it before.
The lawmaker was acquitted by Senior Principal Magistrate Peter Ndwiga.
Justice Lenaola allowed the appeal lodged by the Director of Public Prosecutions ( DPP) Keriako Tobiko challenging the acquittal and ordered the retrial of the MP.
Mr Chege had denied three counts of corruptly soliciting a bribe and receiving a benefit.
He has denied that on July 3, 2013 at Continental House parking yard within Nairobi County, he corruptly received Sh100,000 from Mr Abdirahman Mohammed Abdullahi as an inducement to facilitate the payment of Sh3,342,716.77 for the construction of a tuition block at Baba Ndogo Secondary School.
The money was from the Constituency Development Fund (CDF).
Justice Lenaola also dismissed an application by the defence lawyer Kirathe Wandugi that the DPP be compelled to present Mr Abdirahman Mohammed Abdullahi as the first prosecution witness.
The judge noted that the DPP knows his work and cannot be directed what to do.
“The Constitution requires the DPP to discharge his duties without getting any directions from anybody,” Justice Lenaola ruled.
The judge said the manner in which witnesses are led in testifying in court is solely the duty and the choice of the DPP.