WITNESSES FAIL TO TESTIFY IN A ROBBERY CASE

Two men were released from prison after witnesses failed to appear in court and testify against in a case of  robbery with violence.

Edward Kimathi and Dominic Kilatye were releases into freedom after spending almost an year in custody .

They had their case of robbery with violence withdrawn by a Makadara court. This was after  witnesses failed to appear in court on several occasions .

The two aged 24 years old, were arrested last year and spent in custody since September 9th. The witnesses failed to appear on five seperate hearing dates.

They were accused of robbing off a man metals used for construction valued at sh 250,000 in Syokimau Estate. They allegedly used force and wounded the man during the offense on August 24 th Last year within Embakasi division.

Cases of robbery with violence have penalties of life imprisonment or death sentence.

Fortunately, the court gave a last warning of adjournment dated for May 21 st this year. This was to grant witnesses the last chance to appear before court.

Witnesses were further summoned but failed to appear before the Makadara court for the fifth hearing of the case.

An investigating officer expressed distress with uncooperative witnesses who did not respond to the courts summons. The complainant in the case failed to appear before court on May 20 th and a letter
was written to an OCS to withdraw the case.

Senior Resident Magistrate Teresia Mwangi withdrew the case under section 87 (a) of the CPC Act on Monday.

After the magistrate read the ruling , their lawyer applied for the court to declare that his clients would have no further involvement in new charges of the case. He said it was an application to secure their freedom since the robbery case was pending fresh investigations.

SRM,T.Mwangi ordered for their release and stated that her court would not handle the same suspects in the pending case.

MAGISTRATE ORDERS CUSTODY OVER DOMESTIC VIOLENCE

A court  failed to withdraw a case involving a man who grieviously harmed his wife and caused her serious injuries.

Senior Principal Magistrate Timothy Okello said the man who attacked his wife would spend in remand until Thursday this week.

He failed to respond to the wife's application to withdraw the case .She stood at the dock with a wide bandage on her nose that covered half her face.

Eric Angwenyi affirmed to charges of assaulting the wife  and causing serious injuries before a Makadara court .

 He attacked his wife Mary Wanjiru on 26th of this month thereby causing her hospital admission.

He told the Magistrate he attacked his wife after a minor domestic quarrel and responded to the situation with violence.

After he failed to show remorse or apologies for the act in court ,SPM T.Okello asked the wife why she wanted to drop the case and on what grounds.

She coyly told the court that she had forgiven him and was not under pressure to withdraw the case.

However, with the obvious bandage on her face the Magistrate said the assault was an unjust act.

He said the accused would spend in remand until  31st of May until further directions would be given by the court.

PRIME MINISTER WARNS TERRORISTS

Prime minster Raila Odinga yesterday warned terrorists and stated that Kenya was not intimidated with their attacks.

The prime minster strongly condemned yesterdays explosion during a tour at the blast scene in town along Moi Avenue.

Police are investigating the cause of the controversial blast which injured at least 30 people with a large number in critical a state at Kenyatta National Hospital.

The Prime minister arrived at the scene shortly after 3 .00 pm to witness the site and comfort civilians.Police immediately ordered the closure of Moi Avenue and sealed-off the scene of the explosion allowing only emergency vehicles.

He stood outside Mount Kenya University giving an impromptu media brief. He accompanied with a number of government officials: MP Ferdinand Waititu, MP Hassan Joho, Nairobi Mayor George aladwa,HOusing Assistant MInister Soita Shitanda and Former DPM Musalia Mudavadi.

According to sources Mount Kenya University was the intended target for the blast but failed to occur due to scrutinizing security check.

The PM said that CCTV cameras would be installed in every corner of town in order to assist the government to monitor terrorists. He revallled that he had mentioned this to Parliament last week.

An eye witness said they saw a female drop a bag right next to the MKU building and left immediately. This was after stepping down the stairs of the university . About 30 minutes later an explosion occurred and fire set ablaze on a cloth exhibition.

He expressed disappointment that terrorists were in a mission to scare investors, tourists and the nation.

The PM said Kenya would still succeed despite attempts by the terrorists to intimidated  the nation."The government would use all its available resources to protrect its citizens. To equip the security and train them in such attacks."


Speaking with sentiment he said "Enemies do not scare us. Kenyans will not surrender to their cowardly act.The terrorists days are numbered."

MILLIONS OF SHILLINGS LOST IN CDF SCANDAL

Bare land intended for a girls school funded by Kasarani CDF

At least sh 22 million is unaccounted for from a CDF project that was
allocated sh 38 million in Kasarani constituency.

The project was intended to build a girls boarding school which was
commissioned by Prime Minister Raila Odinga four years ago.


However, four years since the project began there are no visible structures or developments on ground despite the construction

stated to have begun in 2008 to 2009 financial year.

In a letter written by the Kenya National Audit Office to The
permanent Secretary  of Ministry of Planning and National development
and Kasarani CDF, stated that Kasarani Girls Secondary school project
was funded a total of sh 38 million on 17 th October 2008 to a local
contractor.

Over sh 22 million was allocated to various companies involved in
constructing the Girls Boarding School. It was to establish a new
school model in Mathare North area between August and December 2009 by
the Kasarani CDF committee.



Four of the companies include Nyanginja Enterprises, Accurate
Construction and Engineering Works Limited, Souce Enterprise Company
and Pamisons Builders.


In addition, MP Elizabeth Ongoro was the Patron of the Project
Management Committee during payment to those companies purportedly
owned by her husband and relatives.

Part of the letter observed after an audit verification that “Although
an expenditure of sh 22, 024,951  was incurred on the project only
barbed wire fencing and a structure foundation had been done. The
contractor was not on site and indications of the project being
abandoned.”

Construction was awarded to a local, Sacone Contractors in October
2008 and granted the sh 38 million by the same Kasarani CDF committee.
 The contractor was supposed to be supervised by a local Contract
Architect for the entire project.

In the final project, Kasarani Girls school was supposed to be fully
equipped with a perimeter fence, four classrooms, administration
block, a dormitory and a laboratory as approved by CDF board .

The National Audit letter further stated the parcel of land intended
for construction did not belong to the Fund as confirmed in a letter
written to the CDF office in November 2010. The sh 22 million incurred
was therefore of no value.

The letter was addressed to Dr. Edward Sambili  P.S of Vision 2030
Ministry and Ms Agnes Odhiambo as the CEO, CDF Board in Kasarani dated
May last year.  

Unused stones on land intended for a school in Kasarani CDF

Nevertheless, a company alleged to be owned by MP Elizabeth Ongoro’s
Husband ,  Accurate Construction and Engineering Works was awarded
over  sh 21 million.

Additional records indicate that Nyaginjira Enterprises, a company yet
to be registered accumulated over sh 5,000,000 in the project.

While another company purportedly owned by the MP’s sister , Souce
Enterprise Company was awarded over 3,000,000.

Pamison builders which is suspected to be owned by another relative of
the MP was allocated over sh 200,000.

Among evident inconsistencies in the project were such as up to 91
trips of transporting building materials for a particular day and
claiming sh 4,000 for fuel per trip.

My Kenyan Eye: WOMAN RELEASED AFTER BOMB THREAT

My Kenyan Eye: WOMAN RELEASED AFTER BOMB THREAT: A court acquitted a lady charged for jokingly stating that she possesed explosive devices at JKIA airport last year.  The lady in her 30's w...

WOMAN RELEASED AFTER BOMB THREAT

A court acquitted a lady charged for jokingly stating that she possesed explosive devices at JKIA airport last year. 

The lady in her 30's was arrested minutes after using threatening statements that, she was going to put a bomb outside the building on her luggage.

Yesterday, Maureen Wambui was released under section 215 of the CPC Act before a Makadara court.

She was charged with offensive conduct last year July and plead not guilty but released on cash bail.

She was accused of using threatening statements before officers at check point unit 3 of JKIA, contrary to section 94 of the penal code.

The scanner checked her luggage and clarified there was no explosive device and let her pass but later stated her statements to the officers on check.

Magistrate D.M Ngumi stated that the case was lavish and a waste of time to the court. She said the prosecuting officer confessed that he knew she was sarcastically joking but charged her with the offense inorder for her not to repeat such conduct in the future.In addition she  She said the intention was for a message to be stated at the expense of the court.

The magistrate said prosecution evidence produced was not present before court and could therefore not justify the case against the accused as it was a "hear say case".

D.M Ngumi ordered for Wambui to be refunded her cash bail and released her from the case.

LADY ROBBER WANTED BY COURT

A 24 year old lady will remain in custody until a later date after a court was alarmed of the crimes she committed.

Mercy Kagedo will remain in police cells after a letter was written to a Makadara court. The letter mainly requested for her appearance before another court in Kiambu.

The Makadara court was alerted that she was involved in previous crimes of robbing off  many peoples homes at various spots within Nairobi. 

Kiambu Police DCIO wrote a letter to a Makadara court applying for a mention date inorder for her to be charged before a Kiambu court.
   
She was accused of stealing household goods and cash worth thousands of shillings after befriending people and sleeping at their homes.

Part of the leter stated "She has committed similar ofenses within Kiambu county. We request for a mention date inorder to apply for a production order for her to be charged in Kiambu." 

She denied another charge of stealing from a mans home before a Makadara court. She allegedley spent two nights at his home where items and cash worth sh 31,00 disappeared under her care.

According to prosecution she called the man being an acquaintance and told him she was interested at visiting him for the weekened with her girl friend on March 16th at about 6.00 pm. He accomaodated her for the first night when it was too late for them to live.

She is accused of stealing  electronics ,carpet,personal documents and gas on April 18th after spending two nights at the residence in Komarock estate.


The Magistrate ssaid the case will be heared on August 8th this year.