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Monday 26 March 2012

MAGISTRATE CHARGED IN COURT

A Nakuru Magistrate appeared before a court yesterday on two different charges of crime and traffic misconduct.

Gerald Muna Mutiso,37, denied both counts before a Makadara court and stood to his own defense.

On the first count, he was accused of willfully obstructing a female police officer on 25 th March along Jogoo road,contrary to section 254 of the penal code.

At about 4.30 pm he allegedly obstructed Ann Kinya while she was executing her duty and further caused indecent assault, upon resisting arrest from officers at the scene.


On the second count, he was accused of careless driving by hitting a lorry and  damaging its right bumper , contrary to section 4 of the traffic act.

On the same day along Jogoo road at Donholm round about he drove carelessly without  care and attention while using a Toyota fielder  registration number  KBQ 948T.

The Nakuru magistrate made several accusations and applications before Senior Principal Magistrate Timothy Okello .

While standing in the dock he told the court that he lost sh 100,000 from his motor vehicle and lost specially designed spectacles on the date of his arrest.

"I told the officer in charge to let me take my money but I was bundled into the boot of a police vehicle.My money is missing." Mutiso said while struggling to make eye visible contact in the court.

He complained that the Buru Buru OCS detained him and denied him medical attention and cash bail despite being assaulted by officers in cell. He also accused the OCS for retaining his personal luggage that was stocked at the boot of his motor vehicle.

He further told the court that an Investigating Officer denied him the right to write a statement upon his arrest and was denied access to court files." Your honor i was also warned by officers that i would be killed if i mentioned these complaints in court."  he said.

He finally applied for a P3 form, reasonable cash bail and documentary evidence. He directly gave cash from the dock to officers in court, to ensure he was supplied with copies of the witness statements and other documents used in court.

Chief Prosecutor Leonard Kurgat said the Magistrate was making serious allegations and was ready to proceed with the case today.

However, Magistrate Mutiso declined and requested to have the case mentioned next week on 5th April to clarify his details.

SPM Okello yesterday summoned Buru Buru OCS,Investigating officer and Arresting officers to appear in court next week on the mention date to answer the above allegations.


He was granted a cash bail of sh 10,000 for obstructing and sh 5,000 for traffic offense.


The traffic case will proceed on 8th May this year,the police file is yet to appear in court.

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