Plea briefly delayed after defence filed two applications to stop proceedings
by ALICE WAITHERA
Audio By Vocalize
Lucy Nungari when she was arraigned before Kiambu Resident Magistrate Eric Muriuki facing assault charges on July 21, 2026/ ALICE WAITHERA
A private school principal from Kiambu county has denied
assaulting her estranged husband in a case stemming from a long-running
domestic dispute between the two.
Lucy Nungari, the principal of St Teresiah Preparatory
School in Ngemwa, pleaded not guilty before Kiambu Resident Magistrate Eric
Muriuki to a charge of assault causing actual bodily harm against Patrick
Waweru Mwangi, a veteran Kenyan pilot.
The plea was briefly delayed after the defence filed two
applications seeking to stop the proceedings.
The defence argued
that the criminal case was closely linked to another matter already pending
before the same court.
"An accused in one matter cannot quickly come and claim
to be a complainant in another matter," defence lawyer Jane Odiya
submitted, urging the court to examine the circumstances under which the fresh
charges had been brought.
Odiya told the court that Waweru is the accused in Kiambu
Criminal Case No. 2115 of 2025, where he faces allegations of assault causing
actual bodily harm against Nungari, allegedly by strangulation.
She argued that the alleged incident occurred on November
18, 2025, and that the latest charges against her client had been filed shortly
before the earlier case was due for hearing.
According to the defence, both cases arose from the same
incident and allowing separate proceedings amounted to an abuse of the court
process.
Odiya also asked the court to consider protection orders
allegedly issued in December 2025 and questioned why the two parties had not
been charged together.
The prosecution opposed the application, maintaining that
the Office of the Director of Public Prosecutions (ODPP) had independently reviewed
the evidence before deciding to charge Nungari.
The prosecution argued that the existence of another
criminal case did not prevent the ODPP from exercising its constitutional
mandate to institute criminal proceedings where sufficient evidence existed.
Lawyer Kimani Wakimaa, appearing for the complainant, also
opposed the application and urged the court to allow the plea to proceed.
He further objected to an application seeking to bar
journalists from covering the proceedings, arguing that the matter was being
heard in open court.
"The fact that the accused is a school principal does
not make this case different from other criminal matters before our
courts," Wakimaa submitted.
He told the court that the domestic nature of the dispute
was well known to both parties and their advocates.
He added that the matter had taken time to reach court
following investigations, consultations with the ODPP and attempts at
alternative dispute resolution.
Wakimaa also urged the court to impose strict bond terms,
claiming there was a risk of interference with the complainant and witnesses.
He alleged the accused had used the couple's children to
intimidate the complainant.
He further claimed there had been an attempt to interfere
with the investigating officer, although he acknowledged he had not tabled the
relevant reports before the court.
He asked the court to bar the accused from contacting the
complainant or witnesses except through court-sanctioned processes or approved
alternative dispute resolution mechanisms.
In his ruling, Magistrate Muriuki dismissed the application
seeking to stop media coverage, finding that no sufficient grounds had been
presented to justify restricting journalists from reporting on the proceedings.
The court also rejected the application to defer the plea,
holding that the existence of another criminal case did not prevent the ODPP
from instituting separate proceedings where it had independently established
sufficient evidence.
"The Office of the Director of Public Prosecutions has
the constitutional mandate to institute criminal proceedings against any person
before any court without the consent of any person or authority," the
magistrate ruled.
The court subsequently allowed the criminal proceedings to
continue, after which Nungari pleaded not guilty to the assault charge.
She was released on a cash bail of Sh100,000 or an
alternative bond of Sh200,000, with one surety of a similar amount.
The case will be mentioned on August 6, 2026, for a
pre-trial conference as both parties continue pursuing separate criminal cases
arising from their domestic dispute.