I will not testify against Ojienda, lawyer Wanyama tells off DPP

Advocate Peter Wanyama has told off DPP Noordin Haji over his statement that is a state witness in the case against Senior Counsel Tom Ojienda.

Wanyama, a former partner of Ojienda's, termed the DPP's statement a "careful media strategy". Haji had said the advocate will testify against Ojienda in the Sh89 million Mumias Sugar fake legal fees case.

On Thursday, the DPP said Wanyama would be a state witness in the case whose investigations were halted until February 18.

The DPP further denied claims that the lawyer was arrested together with Ojienda on December 28.

"ODPP wishes to confirm that Peter Wanyama, advocate, will be a prosecution witness after analysing his statements and will testify in the case against Prof Tom Ojienda," the DPP said.

Read: Ojienda's former colleague Peter Wanyama to testify against him

Wanyama worked with Ojienda in the same law firm before resigning in January 2012.

He told the Star that when he visited the DCI, he only clarified issues the investigators wanted to know.

"This is a careful media strategy by DPP. Odek has not recorded a statement. My statement responded to the charge I was to face (that we never did a legal audit). I can never testify against Prof Ojienda," he said.

Earlier in a media statement he said, "I clarified the issues the investigators wanted to know to their satisfaction and left DCI. I did so because as lawyers we too have a duty to assist investigators on matters that are lawfully seized of. We are not above the law".

Ojienda has been accused of falsely obtaining money from Mumias Sugar Company through fake legal cases and numbers.

The Kenya Revenue Authority has also been fighting the Senior Counsel over Sh443.6 million tax arrears.

The court ordered that Ojienda be issued with a tax clearance certificate.

However, KRA has filed an appeal against the decision.

Court of Appeal judge James Otieno Odek, who also worked at the same law firm as Ojienda and Wanyama, is expected to testify as a prosecution witness.

Ojienda was released from police custody on Sunday and was arraigned on Monday, but the High Court blocked his prosecution, pending determination on whether the DPP was within his mandate to confer the charges.

Read: Haji accuses courts of protecting Ojienda