Court has granted the defense last adjournment in forgery case against Ex-Chairman of Kihingo Village Ndungu Gethenji.
Court has adjourned this matter twice and when it came for mention yesterday, Gethenji through his lawyers that the intended charges are occasioned by family dispute and they are in the negotiation process.
“We are seeking an adjournment to clean the house. This is a family matter and negotiations are ongoing”, Okach told court.
Milimani chief Magistrate Martha Mutuku who has differed pleas twice was told that the family is pursuing negotiations to settle the matter out of court.
“If the parties will not have settled this matter by Thursday, the accused will plead to the charges levelled against him, “she ruled.
The magistrate however ruled that no prejudice will be occasioned to both parties if he allowed for ADR.
“I give parties until Thursday to allow them to solve the matter. The accused might take a plea if they don’t agree”, Mutuku said.
She directed Gethenji to appear in court on December 17 for plea taking if the matter will not have been solved.
She also ordered the investigating officer to verify the documents presented in court to prove that the accused was bereaved.
Earlier in the morning, when the matter came up for plea taking, a court file was missing but was later found after the magistrate directed it to be checked.
On December 1,2020 Gethenji was expected to plead to the charges but he told the court through his lawyer Ishmael Nyaribo that he was mourning his mother-in-law.
“My client is bereaved as he lost his mother-in-law. We are seeking the court to defer the plea to December 14 and allow him time to mourn the death of his mother,” Nyaribo told the court.
The prosecution, however, opposed the application for deferral, saying the accused should plead to the charges.
The prosecution said that the last time the matter was mentioned, the MP said he had been exposed to a Covid-19 patient. His legal team has yet to supply the court with any supporting documents.
“When the counsel addressed the court virtually in the morning, this issue was not addressed and we expected the accused to be in court today,” the prosecution said.
However, Mutuku deferred plea taking to today (Monday) and directed that Gethenji produce documents to prove that his mother-in-law is dead.
Last month, the ex-MP’s plea-taking was deferred after his lawyer said he was in isolation and is taking precautionary measures against Covid-19. “He is willing to abide by the DPPs directions,” the lawyer said.
According to the charge sheet, Gethenji, with intent to deceive, forged minutes of a meeting held by Kihingo Village (Waridi Gardens) Management One Limited.
He allegedly committed the offence on November 21, 2018, in Nairobi.
