Two men accused of causing chaos during Moses Wetang’ula’s presidential bid launch yesterday failed to take plea for a second time.
Fredrick Andaria and Wycliffe Andere appeared before Resident Magistrate Benson Khapoya but requested to go for further medical check-up to ascertain whether they were fit to stand trial.
The suspects were subjected to mob justice after they allegedly hurled a tear-gas canister at Wetang’ula’s podium on April 2. They were taken to Kakamega County Hospital under police guard where they were treated for days. They were then arraigned in court for ‘engaging in war-like activities’.
They first appeared in court on April 8 but requested to be allowed to go back to hospital, an application the court accepted.
The accused also demanded to know why they had not been taken to court within 24 hours after being discharged from hospital, prompting the court yesterday to summon the investigating officer to respond.
Lead advocate for the accused, Sammy Wafula, claimed the delay was meant to psychologically torture them and make them give in to police demands, including recording an incriminating statement.
However, investigating officer Inspector Samuel Kimutai said the delay was not deliberate.
LOOKED UNCONSCIOUS
“The two were not able to speak on April 7 when I intended to bring them to court and they looked unconscious. Wycliffe is out on bond and now looks better and Fredrick has been safe under our custody at Kakamega Police Station since April 6. We could not have tortured persons we rescued from a violent mob on the day of the rally,”said Kimutai.
Kimutai could, however, not explain why he failed to take Fredrick to hospital as ordered by court on April 8.
State counsel Peter Mailenyi opposed the defence counsels application to put off the date when the two would plead to the charges.
“The defence is hard on us (prosecution) when we push for taking of plea of the two suspects, arguing that they are not in good medical condition. The two look conscious after treatment and have a hospital discharge summary document,” he said.
The court ruled that Fredrick be taken for further medical checks pending further mention of the matter on April 28.
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