Milimani chief magistrate Martha Mutuku has directed a victim’s lawyer in an assault case against former Tetu MP Ndung'u Gethenji to refile a recusal application.
This is after lawyer Patrick Otieno requested more time to file the application, saying he had previously filed it under miscellaneous because they had no case file number as it was a first application for recusal before plea taking.
“I will be seeking more time to file the application since the other application with no case file number was filed on March 31 under miscellaneous,” Otieno said.
On the application to have the DPP review the charges against Gethenji, the prosecution said it had not received a report on the same.
Mutuku had sought to confirm whether the recusal application had been filed and served on relevant parties. She directed that the case be mentioned on April 23 to confirm refiling of recusal.
Last month, lawyer George Wajackoyah told the magistrate that they were unhappy with the way she was handling the matter. He requested Mutuku to vacate Gethenji's plea-taking.
But Gethenji's lawyer Ishmael Nyaribo opposed the application, saying Wajackoyah had not shared the letter sent to Mutuku complaining about her conduct.
Wajackoyah, Nyaribo and Gethenji’s other lawyer Bryan Khaemba traded accusations in the courtroom.
Nyaribo accused Wajackoyah of having personal interest in the matter, yet he is not a complainant in the assault case. Wajackoyah dismissed the claims.
Mutuku expressed disappointment at the behaviour of the lawyers and apologised to the public following the proceedings.
Gethenji was expected to plead in the case. He is accused of beating up Godfrey Mutua, a Kihingo security guard. The assault case against 'sickly' Gethenji was deferred.
“We have had a request with the DPP to have the investigations into the police file reviewed. We believe that the decision to charge the accused was arrived at based on certain evidence, which was not available at that time,” Nyaribo said.
“Kindly extend the defence with more time so that the DPP can look at our request and respond to it, whether positively or negatively, then we can proceed. Our request is in good faith."
The DPP, through Anderson Gikunda, did not oppose the application. Gikunda confirmed receiving a letter from Gethenji's lawyer.
“I received a call from the office of the DPP informing me that a letter dated March 18 had been received requesting a review of police file before a plea is taken,” Gikunda said.
He said he needed to forward a brief to the DPP to have time to respond to the letter, noting that two weeks would be sufficient.
