AG denies calling file on ex-Java coffee house boss

By Wahome Thuku

Attorney-General Amos Wako did not ask for a police file on a defilement case against former Java Coffee House director John Warner.

State Prosecutor Tabitha Ouya yesterday said the AG was demanding that the CID explains claims he had called the file.

"The AG wrote to the CID director explaining the seriousness of the allegations," she said. "The CID sent the file to the AG who then ordered that it should not be worked on until the letter is replied to."

Mr Wagner (pictured) is charged with defiling two girls aged 13 and 14 at his Lavington home, Nairobi, in June.

Two women, Ms Judy Nyaguthii and Ms Faith Nyawira, were charged with exposing the girls to prostitution.

WITNESS STATEMENTS

The trial was adjourned after police prosecutor Robert Kyaa told the court the AG had recalled the file to study witness statements before giving further directions.

Twenty-one witnesses have testified. Only two remain.

The move followed evidence of one of the investigators, Ms Caroline Kanyankur, who accused her bosses of pressurising her to charge Wagner before investigation was concluded.

The letter to the CID director Karanja Gatiba dated November 5 and copied to the Police Commissioner was signed by Director of Public Prosecutions Keriako Tobiko.

He accused the police of investigating and charging the accused without consulting the AG’s office.

Mr Tobiko said media reports had created impression the AG was interfering in the matter and demanded an explanation from the police.

Yesterday, the State prosecutor went before acting Nairobi Chief Magistrate Stella Muketi to "set the record straight in the matter".

She said the AG had been disappointed by the impression created by the prosecution.

Due procedure

She said the police prosecution was free to consult the AG’s office but should follow procedure.

The case will be mentioned on December 3, to set the way forward.