MP Oscar Sudi forgery case set to continue

Kapseret MP Oscar Sudi (pictured) will be back in court in October to continue with his trial over forged academic certificates after failing to stop his prosecution.

Mr Sudi has been in and out of court for the last two years trying to stop the criminal case which threatens to ruin his political career.

Both the High Court and Court of Appeal have declined to stop the Ethics and Anti-Corruption Commission from continuing to investigate him, and have directed that he carries his own cross at the anti-corruption court. 

The outspoken legislator was charged in October 2016 with three counts of forging academic certificates while seeking clearance from the Independent Electoral and Boundaries Commission to contest the March 4, 2013 general election.

According to the prosecution, the MP forged his diploma in business management allegedly issued by the Kenya Institute of Management as well as a Kenya Certificate of Secondary Education qualification reportedly issued by Highway High School.

He was also charged with giving false information to IEBC officers and for misleading Ethics and Anti-Corruption Commission officials who were investigating the matter.

Investigations had further revealed that he made a false declaration under oath through a self-declaration form to IEBC.

He rushed to the High Court to stop the prosecution after a former IEBC official testified how the MP duped him into clearing him to contest for the Kapseret seat.

Bernard Mulati, who at the time of nominations was the IEBC returning officer, testified that Sudi’s certificates were forged but that he was not aware at the time he cleared him.

“He presented the papers at Kapseret Constituency where I was the returning officer and presented the High School and Diploma certificates for nominations. I assumed the certificates were authentic until much later when I realised they were forged,” said Mulati.

At the High Court, Sudi through his lawyers argued that he was not accorded a fair hearing by the EACC and that the charges were a violation to his privacy and dignity.

But Lady Justice Hedwig Ong’udi in July 2017 dismissed the application, ruling that the prosecution did not violate his rights and were justified to charge him based on the evidence collected linking him to the forgery.

Lady Justice Ong’udi ruled that it was not enough for the MP to claim his rights were violated without providing any evidence and also dismissed his claims that the prosecution was maliciously instigated for political motives.

“It was after he filed the self-declaration forms that the EACC came to learn that they were forged. That is why they conducted investigations and he was summoned and voluntarily recorded a statement. That does not amount to invasion of his privacy,” ruled the judge.

According to the judge, the EACC and the DPP were only enforcing the leadership and integrity Act and would have no ill intention of prosecuting the legislator if he did not commit any crime.

Dissatisfied with the decision an in a fresh bid to stop the trial, Sudi filed an appeal at the Court of Appeal but the court refused to stop the criminal trial and directed that the case proceeds.

Appellate Judge Roseline Nambuye ruled that Sudi will not suffer any prejudice if the criminal case continued, which paved the way for him to return to where the case had stalled pending determination of the higher courts.

He was in court on June 25 when the case was mentioned before principal magistrate Felix Kombo who fixed the hearing on October 8 and 9.