A Kenya Bureau of Standards Kebs official in Mombasa, who is accused of stealing Sh 26.3 million from the agency, has lost a bid to stop his prosecution.
High Court judge John Mativo dismissed a petition by the High Court judge Augustine Wachira Maganjo, saying he had not shown that his prosecution lacked factual basis or was an abuse of the court process.
Justice Mativo further directed the case against Mr Maganjo, who is charged with hearing and determination alongside four of his colleagues.
The judge said that Mr Maganjo gave a detailed account of his duties and responsibilities and purported to shift blame to his co-accused.
The law is that it is not up to this court to determine the validity of the evidence or accused persons defence, or to weigh the strength of the evidence or accused persons defence. Justice Mativo said that was a function for the trial court hearing the criminal trial.
Justice Mativo said the court can only intervene if there are cogent and proven allegations of violation of the Constitution, constitutional rights, threats to violation of rights or clear circumstances where it is obvious that the accused won't be given a fair trial.