A resident of Isiolo has filed a petition at a Milimani court contesting the decision by the Director of Public Prosecutions (DPP) to halt the prosecution of Isiolo Governor Abdi Guyo in a high-profile land fraud case.

Stanely Kaliutha, an Isiolo resident hailing from Meru, who claims to be the original owner of parcel Ruiri/Rwarera/3999 in Isiolo county, alleges the land was fraudulently acquired by Guyo, the second Interested Party in the case.

In files placed before Bahati Mwamuye on Monday, the petitioner told the court Guyo colluded with land officials to effect the fraudulent acquisition.

Kaliutha argues the land was irregularly registered under the governor’s name, despite its long-term occupation and development by Naituli’s family since 1984.

Investigations initiated by the Directorate of Criminal Investigations (DCI), the 4th Interested Party in the case, reportedly confirmed the fraud, prompting a recommendation for the prosecution of Governor Guyo, Nelson Kinyua Inanga (first Interested Party), and Erick Korir (third Interested Party).

Reversed decision

On August 20, 2024, the DPP concurred with the DCI’s recommendation.

However, in a letter dated September 26, 2024, the DPP reversed the decision and opted not to proceed with the charges — without consulting the petitioner or presenting new evidence.

Kaliutha argues that the DPP’s abrupt reversal without his input as the complainant constitutes a blatant abuse of office and a violation of his constitutional rights.

In the petition, he accuses the DPP of breaching several constitutional provisions including Article 47 on fair administrative action, Article 48 on access to justice, Article 50(9) on victim protection, and Article 157(11) on proper exercise of prosecutorial discretion.

The litigant petitioned the court declare that the DPP violated his rights including the right to fair administrative action, quash the DPP’s move to stop Guyo’s prosecution, orders the public prosecutor to compenstate him and award general damages for breach of his rights.

Affidavit filed

Justice Mwamuye ordered Kailathu to serve the respondents and interested parties with the petition and related directions by close of business on April 29, and file an affidavit of service by April 30.

He further directed respondents to file their responses by May 16, with the petitioner allowed to file a rejoinder or any written submissions by May 30.

The court directed parties to file written submissions in reply and serve them by June 17 with any rejoinders to the submissions set for filing before June 27.

Justice Mwamuye scheduled the case for a mention on June 30, to confirm compliance with the court’s directives and consider a date for highlighting of submissions or judgment.

And a three-judge bench comprising justices Lawrence Mugambi, John Chigiti and Jairus Ngaah threw out the two politicians’ application to stop the petition against them.

The coalition wants them forced to resign and seek a re-election on the party they decamped to, via a by-election, by urging the court to declare that their (Abdi and Lowasa’s) migration was unconstitutional.

The three judges of the Nairobi High Court ruled that the case against the two must be heard to its conclusion to determine if their political move was in violation of the constitution.

The additional respondents in the suit include the Registrar of Political Parties, the Independent Electoral and Boundaries Commission (IEBC), and the Attorney General.

The suit was filed by Guyo Guracha, Mohamed Wario, Teddy Muturi and Stephen Kihonge, who want the high court to declare the party hopping unconstitutional. Abdi and Lowasa, in their attempts to stop the case, had argued that the petition was a plot to remove them from the office through the back door.

But the bench said that Abdi and Lowasa’s claims were unfounded, and the petition by the four will continue.

The judges said Abdi and Lowasa’s fears that the petitioners are seeking their removal from office in this petition are misplaced.