Businessman Brian Yonga loses appeal to stop his prosecution

A businessman accused of threatening to kill a director of a mining firm has lost a bid he lodged at the High Court seeking to stop his prosecution.
Mr Brian Yongo, a licensed firearm holder, has also been ordered to shoulder the cost of the petition.
He had challenged the Director of Public Prosecutions (DPP) over his prosecution and enjoined the complainant, Mr Jacob Juma, in the case.

Justice George Odunga on Tuesday ruled that Mr Yongo's application that sought to quash the pending criminal case before a magistrate's court in Kibera "premature and not merited."
The judge said the applicant failed to demonstrate how the case against him was malicious instead stating that the charges facing Mr Yongo and his co accused "were serious" and which the High Court cannot be asked to quash at this stage.

"If the High Court acts so it will be exceeding its jurisdiction," the judge stated adding that Mr Yongo had not convinced him that there would be no fair trial at the lower court.
The judge said the trial court was best placed to deal with the evidence the DPP has against Mr Yongo.
He added that the gun which the police confiscated from Mr Yongo is an exhibit in the case and cannot be released to him.
Mr Yongo was alongside four other men outside Mr Juma's residence after he allegedly threatened to kill the mining executive.

Police recovered a pistol loaded with 22 bullets from Mr Yongo and have since impounded the weapon as an exhibit.
Mr Yongo is charged with threatening to kill and preparing to commit a felony.
The complaint is recorded in the Occurrence Book under number OB 36/8/11/2014