• The suspects are accused of assaulting Boniface Maeke, the MCA for Kalama Ward, in the precincts of the Machakos Law courts on Wednesday last week.
• Upon investigations, it was established that the people who attacked the complainant were inspectorate officers of the County Government of Machakos.
Image: GEORGE OWITI
The Prosecution has been granted five days to hold ten suspects who allegedly attacked a Machakos MCA on Wednesday last week.
Machakos principal magistrate Mary Otindo on Friday granted the police request to hold the suspects at Machakos police station pending conclusion of investigations.
On Thursday, the Prosecution had sought to detain the suspects for 14 days.
The county askaris appeared before Otindo but did not take plea.
Otindo directed that the suspects be detained at the police station ahead of Friday's ruling on the miscellaneous application by the Prosecution.
They include James Mwendwa Muindi, Albanus Muli Maluki, Joshua Kitolo Mutiso, David Ouma Otieno, Cliff Benson Kimeu, Simon Musembi Ndeto, Bonface Kioko Musyoka, Evans Mwambi Muthenya, Alex Wambua Musembi and Jeff Musyoki Mutangili.
The magistrate has set their next appearance before court for January 8, 2024.
"Take notice that the applicant, National Police Service, is undertaking investigations in relation to an offence of robbery with violence contrary to section 396 (2), assault causing actual bodily harm contrary to section 251 and creating disturbance in manner likely to cause a breach of peace contrary to Section 95(1) (b) of the penal code reported at Machakos police station via OB 42/31/2024," Court documents read in part.
The court heard that on January 31, 2024, the complainant Boniface Maeke, the MCA for Kalama Ward, had attended Machakos Law courts where one of his colleagues had presented himself and when he was waiting for the session to begin at court room three, a group of people got hold of him and dragged him towards a waiting vehicle.
"He was stripped naked and sustained injuries on the left leg ankle, left hand, ribs and his private parts and at the time of incident he alleged to have been robbed of his wallet, Sh100,000 in cash and a mobile phone of Samsung make valued at Sh150, 000," the Prosecution stated.
The commotion disrupted court operations as the MCA was being rescued by members of the public who were streaming in court premises.
The Prosecution stated in court documents that the complainant was rescued and reported the matter at Machakos Police Station and later rushed to Bristol Park Hospital where he was later referred to Nairobi Hospital.
Upon investigations, it was established that the people who attacked the complainant were inspectorate officers of the County Government of Machakos.
"They were arrested within Machakos town and others are pending arrest. The complainant is not in a position to record comprehensive statement because of his condition. He is undergoing medication hence medical report not ready," the Prosecution told the court.
The court also heard that an identification parade was yet to be conducted at Machakos Police Station.
The Prosecution said witness statements had also not been recorded and if the respondents were to be released, they would likely interfere with investigations.
"I therefore pray that this honourable court to authorise the detention of persons of interest at Machakos Police Station for 14 days pending conclusion of investigations," the Prosecution said.
Otindo ordered that the suspects be returned to Machakos Police Station where they had been held since their arrest and be produced before her on Friday for a ruling in the miscellaneous application.