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ELECTION 2022

Fida-Kenya reads foul play in Murgor sisters assault case, calls for fresh probe

NATIONAL
By Mireri Junior | Dec 13th 2021 | 3 min read

Lawyer Philip Murgor (centre) with Stephanie Murgor and Cheryl Murgor during a past press interview. [File, Standard]

The Federation of Women Lawyers Kenya (FIDA-Kenya) has written to the Office of the Director of Prosecutions (ODPP) to conduct a fresh probe into the assault case involving the two sisters linked to the Ole Sereni Hotel incident with Paul Ndichu and Edward Ndichu. 

In a letter dated December 10, FIDA-Kenya executive director Anne Ireri has accused the DPP of conducting shoddy and skewed investigations in favour of the Ndichu brothers and Munyra Hassan Mohammed and called for fresh investigations.

“FIDA-Kenya being dissatisfied with the outcome of the investigations so far would like a review of this matter with the DPP to understand why it failed to exercise its mandate,” said Ireri.

Stephanie and Cheryl had in October accused Ndichu brothers of assault and malicious damage at the basement of the Emara Ole Sereni Hotel, Nairobi.

According to Ireri, the outcome of the ODPP investigations have disregarded the constitutional rights of Stephanie Murgor and Cheryl Murgor despite the compelling evidence they provided against the Ndichu brothers and Munyra.

FIDA also took issues with a letter by the ODPP dated December 9 that order the Murgor sisters who were the accusers to take plea in the case.

The DPP ordered Stephanie, 24 and her sister Cheryl 22 to be charged with fighting in public and assault.

“We have been seized of your letter dated December 9, and would like to take issue with the manner the investigations are being conducted so far,” FIDA said.

Ireri maintains that only fresh investigations will establish the right findings and the correct charges for the perpetrators thereby affording the two sisters justice.

The ODPP had on November 17 ordered that Ndichu brothers be charged with assault and malicious damage to property before the December letter which now wanted both the parties to take plea.

The Ndichus, however, did not take plea after Munyra, who was also involved in the scuffle recorded a new complaint.

Blaming victims

Lawyer Philip Murgor who is representing Stephanie, Cheryl, Patrick Koech and Samuel Ramdas has accused DPP Noordin Haji of shielding Ndichu brothers after committing gender-based violence (GBV) and blamed the victims for being attacked.

Speaking to The Standard on phone, Murgor said the DPP has informed his clients through Deputy DCIO, Langata office that they would be charged alongside the Ndichus.

“This is a classic case of ODPP shielding perpetrators of GBV and instead of blaming the victims for being attacked and even attempting defend themselves,” said Murgor.

Murgor wondered at what stage of the investigations did the accusers become perpetrators even before the accused took plea as per a letter from the ODPP dated November 17.

The lawyer said the script being prepared is to force the two young ladies to withdraw the case altogether.

“The new developments are crude attempts by sections of police to force our clients to withdraw or compromise with the complaints against the Ndichu brothers,” Murgor said.

He said from the CCTV footage, it is the Ndichu brothers that attacked the Murgor sisters and only at one point when Cheryle was forced to defend herself after being attacked by Munyra, which is excusable in law.

Murgor said Haji was on record as being firm on all forms of gender-based violence and wondered why the Murgor sisters’ case was being treated differently.

“All victims of GBV must be protected by law regardless of the community they come from, no one should play politics with the lives of these young girls and their friends.”?

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