Police warned over 'excuses' in producing witnesses in false alarm suit

There was drama in a Nakuru court after the prosecution gave conflicting reasons to justify adjournment of the trial of a man accused of issuing a false alarm in the wake of the Garissa University College massacre.

The prosecution was put to task after the investigating officer, Alex Muinde, failed to produce two witnesses to testify against 21-year-old Robert Mungai, who posted a message online alleging a planned terror attack on Egerton University.

The prosecution told Senior Principal Magistrate Liz Gicheha that the file had mistakenly been taken to a different court and that the witnesses gave up and left after the case failed to start.

Objecting to the adjournment, defence lawyer David Mongeri said the two witnesses were police officers who had been given a day off to attend court for the hearing of the case and should not have failed to show up.

enjoy drinks

"Police officers should not use court's time to go and enjoy drinks outside while they are supposed to be in court for a serious matter like this," Mongeri said angrily.

Mungai is in custody after his family failed to raise Sh750,000 bond to secure his release.

Muinde, however, later explained that Njoro District Investigations boss had recalled the two officers for other assignments and one had even gone to Nairobi. He found himself in more trouble after the magistrate threatened to summon the DCIO to explain why he recalled the officers bonded by the court for a serious case.

"You can call them right now to come to court and we proceed with the matter. Or do you want me to summon the DCIO to come and explain himself?" posed Gicheha.

The court eventually granted prosecution two weeks to be ready for the case, adding that it won't be given more time after the period elapses.