Evidence missing in case where chief is charged with stealing dogs

Assistant chief of Kihuri's Sub Location in Othaya, Nyeri, was charged on May 9, 2019, with stealing two dogs of Terrier breed worthy Sh300,000 in 2016. [Kibata Kihu/Standard]

Critical evidence has gone missing in a criminal case where a chief is accused of stealing two dogs owned by a pastor.

The two-page testimony by Investigating Officer Phillip Mutisya was plucked from the court file by unknown people.

When the matter came up for mention yesterday, Othaya Senior Resident Magistrate Monicah Munyendo said the disappearance was being investigated by the Directorate of Criminal Investigations (DCI).

Munyendo was making her ruling on an application filed by Thomas Wahome, seeking her recusal from hearing the matter and to have the case transferred to another court.

In the case, the sub-chief of Kiandemi sub-location Paul Gachiri Wageni is accused of stealing the two terriers valued at Sh300,000 in December, 2016 at Kihuri village in Nyeri County.

The administrator is also facing a second count of dishonestly receiving and retaining one of the dogs, knowing or having reason to believe it was stolen.

He has since denied the offenses and is out on a Sh200,000 bond.

According to court files, Wahome imported the terriers from South Africa.

“In the view of the prevailing circumstances over the missing pages 28 and 29 containing the evidence of the investigating officer, I direct that the case file be placed before the presiding judge in Nyeri for directions,” said the magistrate.

Through lawyer Munga Ndichu, the pastor cited intimidation of witnesses among the reasons he wanted the magistrate recused.

Ndichu, in his submission, said his client was apprehensive he might not get a fair trial if the hearing of the case continued in the same court.

The senior resident magistrate referred the case to Nyeri Presiding Judge Jairus Ngaah, who will, on November 6, give directions on whether to transfer the case to another court.

Imported canines

According to documents in court, Wahome bought the two dogs in December 2014 from South Africa, and brought them into the country through Arusha, Tanzania by air and later taken to the pastor's rural home in Othaya. They were three-months-old.

Testifying in court last month, the televangelist claimed the dogs were under the care of his farm manager Stephen Macharia when they were stolen.