A suspected fraudster on Monday moved a Nairobi court to block his plea-taking, urging he be unconditionally released because an 'ignorant police officer' detained him for more than 24 hours.
The law requires that suspects are produced in court not more than 24 hours after they have been arrested.
George Morara Bosire told Nairobi chief magistrate Wendy Micheni he had been arrested on Thursday, November 27 at 12.30 pm and was produced in court on Monday at 10 am.
He said the police denied him bail and as such violated his rights by holding him in custody beyond the stipulated time.
“I call this ignorance. I, therefore, deserve to be acquitted unconditionally,” Bosire said.
But the prosecution opposed his request and asked the court to order that he takes a plea which had been scheduled.
“Your honour, what the suspect is trying to do is block his plea-taking. He is a notorious fraudster with pending cases of similar nature in other courts. I ask that you direct him to take plea,” the prosecutor said.
The magistrate in her ruling directed that plea-taking proceeds. She asked the suspect to move to the High Court's constitutional rights division to look into his claims of rights violations.
“In the meantime, I direct that we proceed with plea-taking,” the magistrate said.
Bosire was charged with stealing a laptop worth Sh60,000 and various academic certificates belonging to James Mwendwa Mwanzia in Nairobi on August 30.
He denied the charges and asked the magistrate to allow them to resolve the matter out of court. The prosecution opposed that application.
Bosire had said he was ready to reach out to Mwanzia for an out-of-court settlement and promised to report back to the magistrate in a day.
The magistrate declined the request saying such applications can only be made by the prosecution.
She directed the file be placed before another magistrate where bond terms will be negotiated on Thursday, November 3.
Bosire was directed to remain detained until Thursday.
