Former Java boss to spend Christmas in jail

By Evelyn Kwamboka

Former Java Coffee House Managing Director John Cardon Wagner will spend his first Christmas at Kamiti Maximum Prison.

Mr Wagner, who moved to the High Court last week to secure release on bail, failed in his endeavour after the High Court ordered it would deliver its ruling on January 18.

He was sentenced to 15 years in jail after a magistrate’s court found him guilty of defiling three girls aged between 13 and 14.

He was jailed along with his two co-accused Judy Nyaguthii and Faith Nyawira, who were sentenced to 10 years each for exposing the girls to prostitution.

The American, who came to Kenya 18 years ago, had moved to the High Court last week to seek bail pending his appeal against the conviction and sentence slapped on him.

Wagner told Justice Mohammed Warsame his appeal had 51 grounds and an overwhelming chance of success because it is merited and not frivolous.

He said the trial magistrate Ms Teresia Ngugi erred in her judgment.

Through his advocate, Mr Pravin Bowry, Wagner said the magistrate amended the charge sheet in her judgment, a move he termed illegal.

"The learned magistrate in her wisdom decided to amend the charges in her judgment. Amending the charges amounted to entering dust in the trial," he said.

Wagner argued the prosecution did not request for the amendment of the charge sheet.

"The trial magistrate took the role of the prosecution. Amending the charge was manifestly wrong," he said.