Human rights lawyer Nicholas Opiyo has asked the court to dismiss money laundering charges against him for want of prosecution.
The state alleges that Opiyo received $340,000 (sh1.2b) in his account at the ABSA bank from foreign sources knowing that they were proceeds of crime.
The defence lawyer, David Mpanga, complained to the Anti-Corruption Court presided over by Justice Lawrence Gidudu that his client has been in court several times without progress in his case.
“By the time Opiyo was arrested, the state knew the source of the money and those involved in criminal acts but the case has delayed. This is inconveniencing to my client because he usually travels abroad yet his passport is in court custody,” he submitted.
Citing Section 17 (2) of the Judicature Act, Mpanga argued that criminal proceedings can be discontinued when there is delayed prosecution.
Meanwhile, State Attorney Stephen Ariong informed the court that investigations are complete and that they are ready for the hearing of the case.
“Delay in investigations was due to national lockdown over COVID-19 pandemic. During this period, it was difficult to access witnesses and some offices to get information,” Ariong said.
He, therefore, requested the judge to grant him an adjournment to enable the prosecution to prepare committal papers for purposes of sending the accused to the High Court for trial.
The Chapter Four Executive Director is currently out on a sh15m bail.
The court will rule on the matter next week.
