Former Garsen MP Danson Mungatana and his co-accused in the Sh70 million fake military food supply tender Paul Collins Waweru have lost bid for an out-of-court settlement with the victims of the fraud tricks.
The two wanted court to allow them settle the criminal case, in which the prosecution has lined up at least eight witnesses, using the alternative dispute resolution mechanisms to reconcile with the complainants.
They wanted court to defer their plea-taking to pursue the negotiations reasoning that justice is not only about court convicting and sentencing.
Former Garsen MP Danson Mungatana and his co-accused in the Sh70 million fake military food supply tender Paul Collins Waweru have lost bid for an out-of-court settlement with the victims of the fraud tricks.
The two wanted court to allow them settle the criminal case, in which the prosecution has lined up at least eight witnesses, using the alternative dispute resolution mechanisms to reconcile with the complainants.
They wanted court to defer their plea-taking to pursue the negotiations reasoning that justice is not only about court convicting and sentencing.
But Kibera chief Magistrate Abdulkadir Lorot declined the request, saying the case involved public interest and that deferring plea-taking would not be meaningful.
Mr Lorot said the complainants can withdraw the charges in court and that the prosecution can also be persuaded to discontinue the criminal trial.
One of the complainants had said she was willing to drop the case should the Sh930,000 she claimed to have been conned by the accused hit her bank account.
“Nothing bars the kind of arrangement they have elected to engage in. However, the parties have a responsibility to engage the Office of Director of Public Prosecutions (ODPP) as the dispute between them entered public domain and purview,” said the magistrate.
He also considered submissions by the prosecution that the complainants are not just the two businesswomen listed in the charge sheet, but also the Ministry of Defence in respect to charges related to forgery of documents.
The court further noted that State resources have been expended in the case and cannot be wished away.
In his ruling, the magistrate said none of the defence lawyers had challenged the 14 criminal charges.
“None of the counsel said the charges do not lie in law within Section 137 of the Criminal Procedure Code,” said the magistrate as he ruled that the application lacked merit.
Following the ruling, the accused pleaded not guilty to the charges that involve forgery, obtaining money by false pretence, conspiracy to defraud and unlawfully making documents.
They committed the offences on diverse dates between July 13 and August 11 this year.
