- In a bizarre twist, Wajakoya fired his advocate while he was on the stand.
- He accused his advocate of not defending him while he was being cross-examined.
Image: ENOS TECHE
An advocate on Monday identified the assailants who assaulted him in a case in which former Tetu MP Ndung’u Gethenji is facing charges of creating a disturbance.
George Wajakoya was able to identify five of the men charged alongside Ndung’u.
He told the court the assault occurred at Kihingo village in 2019.
Wajakoya in his testimony said he was visiting his client Fredrick Gitahi Gethenji to get instructions regarding a case.
But his statement, which was read out in court, indicated that, "Today around 130pm I received a call from Gitahi to witness the entry of goons in the compound. I was in Westlands area when Gitahi called."
Asked whether he was armed, Wajakoya said, “No”. Wajakoya before becoming an advocate was once a police officer, grave digger and hustler at some point in his life.
He also admitted to fleeing the country following the killing of Robert Ouko. He was a person of interest in the murder case.
“I went there to see what was going on. I did not engage the goons at Kihingo estate. I did not go to fight,” he said.
According to a P3 form produced in court, Wajakoya alleges to have been assaulted by persons well known to him. But on Monday he said the information in the form was incorrect.
The form also indicated that his clothes had no tear or any blood stains.
And as the defence counsels prodded him further, Wajakoya asked the court to protect him. But his advocate interjected and asked the court to stand down Wajakoya for further instructions.
And in a bizarre manner, Wajakoya on that account fired his advocate while he was on the stand. “What further instructions are you talking about? You are fired!” he said.
He accused his advocate of not defending him while he was being cross-examined.
Wajakoya 61, further denied calling the Flying Squad on the date the goons were spotted at Kihingo.
He said he only called DCIO Gigiri and that the OCS Gigiri also came but he did not attend to him.
The court further heard that Wajakoya was not called to any identification parade convened by the police in relation to the case. The matter proceeds on Tuesday.
In the case, James Ndungu Gethenji (former Tetu MP), Chacha Mabanga, Franklin Mutegi, Josiah Otimo, Godfrey Okello, Ochieng and Ouma Ogonji are accused of creating a disturbance on July 2, 2019 at Kihingo village in Kitusuru, Nairobi county. They are said to have interfered and stopped the renovation of a house belonging to Dhanji.
Mutegi, Otimo, Okello, Ochieng' and Ouma are also accused of assaulting Wajakoya and Kumar Dhanji, occasioning them bodily harm.