The office of the director of public prosecution (ODPP) has filed an application under a certificate of urgency to stop the ruling by a lower court to dismiss the case against impostor cop Joshua Waiganjo.
The application also seeks to stop the ruling on two other police officers, Mr M’Mbijiwe and Mr Ngugi charged for abuse of office. The DPp applied to have the case re opened to allow the three last witnesses to testify.
They also said that the last witness Assistant Superintendent of Police Fatuma Hadi’s time to testify was limited as she was only allowed to testify for ten minutes.
“That the applicant (DPP) is seeking re-opening of the case to allow it proceed with the remaining witnesses namely Superintendent of Police Fatuma Hadi, Mr Gideon Kimilu and Mr Joseph Ngisa,” read part of application filed in court on March 6, 2019.
The prosecution also revealed in their application that the lower court dd not allow evidence to be produced in court.
“That I am aware the case has numerous exhibits which have already been marked for identification and it is in the interest of fair administration of justice that all the witnesses are allowed to testify and produce exhibits to allow Trial Court reach and make a determination,” read a supporting affidavit by Hadi.
Joshua Karianjahi Waiganjo was accused of pretending to be a senior police office. He was assisted by Mr M’Mbijiwe who allegedly to have ordered a “personal” file opened in Mr Waiganjo’s name to pass him off as a police reservist on November 23, 2012. He was arrested in 2013 after media reots that he ad been doing police duties . He was also harged with being in possession of a police uniform.
The ruling on his case was to be delivered by Principal Magistrate Joe Omid. He had earlier served a two year jail term.