Bereavement of key witness causes adjournment of former Tetu MP’s criminal case

The death of a son of a key witness in a criminal case against a former Member of Parliament, who has been battling with his elder brother over the management and control of their family’s Sh20 billion estate, has triggered an adjournment of the case to January 18, 2021.

Chief Magistrate Martha Mutuku, trying Mr James Ndung’u Gethenji charged alongside six others, indulged State prosecutor Anderson Gikunda then put off the trial to enable Prof George Wajackoya organise the burial of his son, a 36-year-old pilot, who perished in a plane crash in the USA.

Mr Gikunda told the court that Prof Wajackoya had been listed as the next witness in the breach of peace case against Mr Gethenji, his co-director at Kihingo Village Waridi Gardens Company Limited, Mr Chacha Mabanga, and the head of security Frankline Mutegi Kaburu.

“I urge this court to indulge me then adjourn this case to another date as the next key witness, Prof Wajackoya, has travelled overseas to organise the burial of his son who died in the USA,” Mr Gikunda said.

Mr Gikunda said Prof Wajackoya was in court in November 2020 when the trial date was being fixed but had to hurriedly travel to the US, following the death of his son.

The prosecutor said he had bonded two witnesses but the police doctor who examined both Prof Wajackoya and an investor, Mr Kishorkumar Dhanji Varsan, who were allegedly assaulted in skirmishes on July 2, 2019, was engaged in another case at the Kibera Law Courts.

Defence lawyers Willis Otieno and Ishmael Nyaribo opposed the adjournment plea and applied to have the case proceed with other witnesses, other than Prof Wajackoya.

“Our sympathies and condolences to Prof Wajackoya, following the demise of his son in the USA. We indulge him since he is away due to reasons beyond his control,” Mr Nyaribo stated.

Malicious damage to property

But Ms Mutuku indulged the prosecution and directed the case to proceed on January 18, 2021.
She issued summons to all the remaining five witnesses in the case.

Mr Otieno and Mr Nyaribo had pointed out that the case has been pending for the last one year and the accused wanted it out of the way before the end of the year.

When Mr Varsan testified, he said he was accosted by four men but was rescued by Prof Wajackoya.

“Please stop it. Do not hurt him,” Mr Varsan recalled before Ms Mutuku how Prof Wajackoya pleaded with attackers but they did not yield to his pleas and went ahead to injure him in his shoulder and tore his pullover, which, he told court, was valued Sh1,500 but had told police was worth Sh1,000.

Assault and malicious damage to property charges have been filed against Mr Kaburu.

Mr Varsan cleared Mr Gethenji and Mr Mabang from blame in the assault charges.

Other suspects also charged with the assault of Prof Wajackoya and Mr Varsani are Messrs Josiah Otimu, Godfrey Ochieng, Kennedy Asewe and Ouma Ogonji.

Kaburu, Otimu, Ochieng, Asewe and Ogonji have denied charges of breach of peace, assault and malicious damage to property.

Mr Gethenji and Mr Mabanga, both directors of Kihingo Village Waridi Gardens Company Limited, face charges of disturbance where they are accused of stopping Mr Varsani from renovating his house Number 26D which he bought for Sh58 million from the company in 2011.

Mr Varsani admitted that he carried out the renovation in defiance of orders by the company’s management, whose chairman is Mr Ndung’u Gethenji.

Mr Varsani said the four men whipped and sent away his four masons who were carrying out the work.