DPP to review file on politician
By Micah Nyandoro
| March 24th 2021
The Director of Public Prosecutions Noordin Haji has requested the court for two weeks to review a file containing charges against a politician.
The DPP made the application to have former Tetu Member of Parliament Ndung'u Githinji’s plea taking deferred to pave way for the review, moments before a lawyer representing a complainant in the matter applied orally for the trial magistrate to disqualify herself from hearing the case.
It is a situation that saw the chief magistrate’s court direct Lawyer George Wajackoyah to file a formal application and the matter be mentioned on April 15 for further directions.
Mr Wajackoyah had asked the trial magistrate, Ms Martha Mutuka to disqualify herself from the case since they were unhappy with the way she was handling the matter.
However, Gethenji's lawyers Ishmael Nyaribo and Bryan Khaemba vehemently opposed the application
“I do not understand the reason why Wajackoyah wants this court to indirectly recuse itself in this matter. I do not see any reason for a judicial officer to disqualify himself or herself in a case. It must be based on compelling reasons," said Khaemba.
Mr Nyaribo accused Wajackoyah of having a personal interest in the matter yet he is not a complainant in the assault case.
Wajackoyah dismissed the claims that he is interested in the Kihingo estate matter.
Watching as the lawyers accuse each other before the court, the trial magistrate was forced to interject, saying she was disappointed in the way the lawyers behaved in court and apologized to the members of the public following the court proceedings and ordered Wajackoyah to file a formal application seeking her recusal.
The MP who was expected to face assault and malicious damage to property charges did not take a plea after the Director of Public Prosecutions Noordin Haji applied to differ the plea for two weeks to review the file.
The DPP through prosecution counsel Anderson Gikunda confirmed receiving a letter from Gethenji's lawyer dated March 18, seeking the file review by his boss.
The magistrate directed the matter to be mentioned on April 14 to allow the parties to exchange their pleadings of an application for her recusal.
Githinji, who is battling other criminal cases in court, is expected to be charged with assaulting a security guard in Kitisuru as captured in CCTV footage in Kihingo village homes.
The former lawmaker has since handed over his gun for ballistic examination at DCI offices.
During his arrest early this year, the police confiscated Gethinji's firearm which is expected to be used as an exhibit before court.
The former MP is accused of assaulting a security guard Godfrey Mutua who was performing his duties on February 5, this year after curfew hours.
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