One of the accused in the former Tetu MP Ndung’u Gethenji creating a disturbance case is bereaved, court was told yesterday.
When the matter came before the court, accused lawyer Ishmael Nyaribo who is acting for the accused informed the court that one of the accused could not attend court for hearing because he is bereaved.
“One of the accused has lost his child and cannot appear before the court for the hearing of this case today,” added Nyaribo.
The prosecution confirmed that indeed the fourth accused is bereaved and told the court that he cannot proceed with the matter.
They added that they were ready to proceed but under those circumstances, we have no option but to adjourn the hearing of this case.
Magistrate Martha Mutuku directed the accused to produce the said death certificates in court because there are complaints from some of the victims that she is deliberately delaying this case.
“I have been accused of deliberately delaying this matter and I have to be keen on documentation, this matter is not special and it must be heard within the set dates just as any other matter,” she added.
She said that she will be careful onwards while granting adjournments and to set records clear, proper documentations should be filed in court.
Gethenji told the court that actually most of the adjournments comes from the prosecution and not the court.
He is charged with creating a disturbance at the upmarket Kihingo estate in Kitisuru.
In the case, Gethenji is charged alongside Josiah Otimu, Godfrey Ochieng, Kennedy Asewe and Ouma Ogonji.
Otimu, Ochieng, Asewe and Ouma were present in court before Milimani deputy registrar Jane Kamau.
Otimu told the court that he lost his son on Tuesday morning. He requested the court to pardon him and allow him to mourn his son.
Mutuku directed that the parties should file documents in support of the bereaved and the witnesses expected to testify to be bonded.
The matter will be heard on June 4,2021
Gethenji is expected to plead to assault charges tomorrow.
