Case against KDF soldier who allegedly stole from Westgate postponed

NAIROBI, KENYA: The case against a KDF soldier who allegedly stole properties from Wastage Mall after last year terror attack has been pushed to July 4.

Kibera Magistrate Ann Oginjo said the case could not continue as the lawyer to the accused was not present before the court Tuesday.

 “It is not fair to continue with the case hearing while the accused person’s lawyer is not present before the court," she said.

Benson Gachuri Kihenjo, the accused told the court that his lawyer Mugendi Karigi was absent because he was sick.

The officer had pleaded not guilty to the charges of being in possession of stolen goods together with forgery on September last year and was released on Sh500,000 cash bail.

His accusations were that on September 23, 2013 at Nairobi without lawful authority or excuse had in his possession 115 notes of 100 US dollars denomination, equivalent to Sh989, 000, papers intended to resemble and pass as us dollars currency notes.

He was also charged with being in possession of stolen properties contrary to section 323 of the penal code.

The properties are alleged to be one ID card of Osmani Fat John, Gautrain Gold Card, Euro car Gold Charge Card, 3 passports sized photographs belonging to Osmani and his 2 kids.

He was also said to have been in possession of one cheque of 1,000/Euros addressed of Fat John Osmani, One IPhone FC XCE 582, a black blood wallet, two used cheque books suspected to have been unlawfully obtained.

The case will be mentioned on July 4 when the accused’s advocate is expected to be in court.