The state’s efforts to revive the case against alleged police fraudster Joshua Waiganjo have hit a dead end.

This happened after the High Court in Nakuru rejected the Director of Public Prosecutions’ appeal to revive the case.

Waiganjo was cleared of impersonation charges in 2020. Judge Joe Omido, the then Chief Magistrate, said the prosecution’s case failed for lack of sufficient evidence.

Waiganjo was charged along with the former Rift Valley state police boss John M’mbijiwe and former former Anti-Stock Theft Unit Commander Michael Remi Ngugi are now deceased. M’mbijiwe and Ngugi were also released.

Omido said the court could not determine with certainty whether Waiganjo was a police officer because no evidence was presented to prove or deny it. He added that prosecution witnesses who testified during cross-examination were inconsistent.

“No one has been able to prove that Waiganjo acted as a senior officer, presiding over the Kenya Forest Service mission at Londiani and supervising a guard of honour. “Prosecution witnesses said Waiganjo was not the person who orchestrated the incident,” he said.

Additionally, Omido blamed the prosecution for excluding key witnesses in the case, including the arrested officers and the investigating officer.

He stated that a charge sheet was submitted to the court but no arresting officer gave a statement and explained why he arrested the accused.

DPP through the state Lawyer James Kihara challenged Waiganjo’s acquittal on his own in the High Court in Nakuru. The DPP asked for the case to be reopened.

On appeal, the DPP said the court erred in acquitting Waiganjo when there was sufficient evidence for his defence.

However, Justice Hedwig Ong’udi noted in her ruling on Wednesday that the prosecution in the case was given all available opportunities to present all remaining witnesses and evidence but failed to do so.