A defective charge has been presented in court in Kitui in a robbery and assault case.
Cosmas Munyi's home in Kathivo village was allegedly raided on February 16 at dawn by staff from Kabati FSA microfinance bank. They were seeking to recover a loan he had taken from the institution.
The raiders not only broke down the gate to Munyi’s homestead but also violently ransacked his house and carted away valuables and livestock. They are also accused of assaulting his wife.
Munyi reported the matter to Kabati police station under OB 11/16/02/2019. The local DCI office led by sergeant Muuthu Mwenda opened investigations.
As the probe got underway, Kitui prosecution coordinator Bonny Okemwa rejected the file presented to him and wrote to Mwenda, pointing out that it did not contain any valuable evidence to warrant prosecution.
“But we have learned that it was so because your officers, either by design or deliberately, left out crucial witnesses who have since recorded statements,” Okemwa’s letter said. He asked for concrete evidence to be provided to his office, including photos.
On Tuesday, a man was arrested and taken to court in relation to the raid at Cosmas Munyi’s home.
Geoffrey Mutunga Kalola, the financial controller, was arraigned before Kitui senior principal magistrate Johnson Munguti. He was charged with assaulting Munyi's wife, Nduku Cosmas on April 16, 2017.
Although the raid at Munyi's home was on February 16, 2019, the referenced OB number on the charge sheet had the wrong date.
It read, “On April 16, 2017, at around 6am at Kathivo centre within Kathivo location, Kalindulu sublocation Kitui, Geoffrey Mutunga Kalola unlawfully assaulted Nduku Cosmas thereby occasioning her actual bodily harm.”
Giving the wrong date weakens the prosecution's case.
Kalola denied the charge and Munguti ordered him to return to court on July 9. He was released on Sh30,000 bail.
Munyi told reporters that the majority of witnesses listed on the charge sheet were part of the people that raided his home and would not be helpful to the prosecution.
Edited by A. Ndung'u
