Theft case against former Deputy Governor Murithi's bodyguard adjourned

Kipyiegon and Kajira have denied robbing Mati. The case will be heard on May 16, 2017.PHOTO:STANDARD

A theft case against a police officer has been adjourned because of a missing ballistics report.

Police constable Josephat Kipyiegon and Ms Rose Kajira are accused of robbing Tharaka Nithi Deputy Governor Eliud Murithi Mati of Sh3.5 million on October 12 last year at Kinoru estate in Makutano Township while armed.

Mr Kipyiegon was Mr Mati's bodyguard at the time.

Prosecutor James Murage said his office was still waiting for the report, a key piece of evidence.

The defence told Chief Magistrate Lucy Ambasi that it had also not received the document.

"This is a case that the prosecution was never really prepared to pursue," lawyer Dickson Kibiti protested. 

Eleven people, including Mati, are listed as witnesses but none of them was in court yesterday.

Kipyiegon and Kajira have denied robbing Mati. The case will be heard on May 16, 2017.

In another case, Meru Deputy Governor Raphael Muriungi plans to protest at the delay in the hearing of a case in which four men are charged with threatening to kill him between April 18 and 26, 2014.

Speaking after the case was adjourned to May 30, 2017, Mr Muriungi said he would protest to the Director of Public Prosecutions and the Judiciary. The case commenced on May 26, 2014, but has never gone to hearing.

A court file shows that Mr Anthony Mureti Nturibi, Mr Jacob Mwiti M'Ibui, Mr Frankline Muteithi M'Kiriugia, and Mr Simon Kiathe M'Murithi denied the charges before Acting Principal Magistrate D.W. Mburu on May 26, 2014. 

They were released on a Sh20,000 bond or Sh10,000 cash bail each pending the hearing of the case. All the others except M'Murithi paid their cash bail and the latter's bail was subsequently reduced to Sh7,000.

The hearing was set for July 10, 2014, then pushed to October 7, 2014 when the accused said they were not prepared.

The case has not been heard for a variety of reasons, including failure to supply the accused with witness statements, failure of one suspect to appear in court, and the file being taken to the wrong court.

"It is a political matter and I am scared that we are going into another election without the matter being resolved," said Muriungi.