•Milimani chief magistrate Martha Mutuku was told that the family is pursuing negotiations to settle the matter out of court.
•Lawyer Willis Okech for accused said it's a family matter and they are trying to solve it out of court.
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A Nairobi court has allowed former Tetu MP Gethinji Ndungu, who is facing forgery charges, to negotiate with the complainant and solve the case out of court.
Milimani chief magistrate Martha Mutuku was told that the complainant, a member of the former MP's family, is in negotiations to settle the matter out of court.
Lawyer Willis Okech for the accused said it is a family matter and they are trying to solve it.
"We are seeking an adjournment to clean the house. This is a family matter and negotiations are ongoing," Okech told the court.
The magistrate, however, ruled that no prejudice would be occasioned to both parties if he allowed for alternative dispute resolution.
"I give parties until Thursday to allow them to solve the matter. The accused might take a plea if they don't agree," Mutuku said.
She directed Gethenji to appear in court on December 17 for plea-taking if the matter will not have been solved.
The magistrate also ordered the investigating officer to verify the documents presented in court to prove that the accused was bereaved. Earlier in the morning, when the matter came up for plea-taking, a court file was missing but was later found.
On December 1, Gethenji was expected to plead to the charges but he told the court through his lawyer Ishmael Nyaribo that he was mourning his mother-in-law.
“My client is bereaved as he lost his mother-in-law. We are seeking the court to defer the plea to December 14 and allow him time to mourn the death of his mother,” Nyaribo told the court.
The prosecution, however, opposed the application for deferral, saying the accused should plead to the charges.
The prosecution said that the last time the matter was mentioned, the MP said he had been exposed to a Covid-19 patient. His legal team is yet to supply the court with any supporting documents.
“When the counsel addressed the court virtually in the morning, this issue was not addressed and we expected the accused to be in court today,” the prosecution said.
However, Mutuku deferred plea-taking to Monday and directed that Gethenji produces documents to prove that his mother-in-law is dead.
Last month, the ex-MP’s plea-taking was deferred after his lawyer said he was in isolation and taking precautionary measures against Covid-19. "He is willing to abide by the DPP's directions," the lawyer said.
According to the charge sheet Gethenji, with intent to deceive, forged minutes of a meeting held by Kihingo Village (Waridi Gardens) Management One Limited.
He allegedly committed the offence on November 21, 2018, in Nairobi.