- In an application certified urgent by Justice Hatari Waweru, the Bishop claimed the intended criminal prosecution is aimed at coercing him to drop a pending criminal case in which a village chief is accused of stealing his two dogs worth Sh300,000.
Televangelist Thomas Wahome of the Helicopter Ministries has moved to court seeking to stop Director of Public Prosecution from charging him for using abusive language against a government administrator.
Bishop Wahome wants the High Court in Nyeri to order for suspension of the intended prosecution at the Othaya Law Courts.
According to documents filed in court Thursday, the DPP wants the Bishop charged with using abusive language against Nyeri South Deputy County Commissioner Henry Ochako on August 28.
In an application certified urgent by Justice Hatari Waweru, the Bishop claimed the intended criminal prosecution is aimed at coercing him to drop a pending criminal case in which a village chief is accused of stealing his two dogs worth Sh300,000.
He has named the chief Paul Waigeni, Mr Ochako, Office of Ministry of Interior and the DPP as respondent.
"The DCC lodged a criminal case number 543 of 2019 at a court in Othaya against me where I was to be charged with using abusive language in a manner likely to cause breach of peace.
"He informed me that if I fail to withdraw a complaint against the chief I will suffer the consequences," says the Bishop in his affidavit.
Chief Wageni is under trial on accusations of stealing two exotic dogs (Terrier breed) in December 2016 in Kihuri village, Othaya.
While insisting that the intended prosecution is meant to intimidate him, the Bishop in his documents says the DCC and the village have violated and breached his rights for subjecting him to unfair trial arising from framed up charges.
“The petitioner’s freedom of movement has been restrained as he is apprehensive of being harassed or killed by gangs,” Bishop Wahome’s lawyer Douglas Ombongi said in the petition.
The lawyer claimed that his client’s family has also been denied access to services at the local offices of the Ministry of Interior and Coordination of National government because of the criminal case against the village chief.
“The chief and the DCC have failed to carry out their duties in accordance with the law and in pretence of carrying out their duties as public officer have violated the rights and freedoms of the petitioner,” said lawyer Ombongi.
He wants the High Court to issue an order restraining the chief and the sub-county administrator from harassing, threatening and interfering with Bishop Wahome’s property, dignity and business.
The lawyer also wants court to declare that the action of the two administrators were oppressive, excess use of their powers and a violation of his client’s human rights and fundamental freedoms and an abuse of the legal process.
Further, Mr Ombongi is seeking a directive stopping the administrators from interfering with the pending criminal case facing the village chief.
The application will be heard on Monday September 16.