A Kenya Bureau of Standards Kebs official in Mombasa who is facing a charge 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 Mr Augustine Wachira Maganjo, saying he had not shown that his prosecution lacked factual basis or was an abuse of the court process.
Justice Mativo directed the case against Mr Maganjo, who is charged with four of his colleagues, proceeds to hearing and determination.
The judge said that Maganjo presented a detailed account of his duties and responsibilities and purported to shift blame to his co-accused.
But that is how far it goes, the law is that it is not for the 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 he was a role for the trial court hearing the criminal trial.
Justice Mativo said the court could 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 evident that the accused won't be given a fair trial.