WHY Ex TETU MP NDUNGU GETHENJI’S ASSAULT PLEA WAS DEFERRED YET AGAIN

A Nairobi magistrate court has deferred plea yet again in an assault case against former Tetu MP Ndung’u Gethenji.
When the matter came before magistrate Martha Mutuku today, the court was informed that the file has been forwarded to the Director of Public Prosecutions for review.
Lawyer Ishmael Nyaribo representing Gethinji requested the court to defer the plea saying they had requested the DPP to review the file before he is charged.
“Your honor we are seeking for two weeks to have the DPP go through the file and review the evidence before him. Whether it comes back positive or negative we will proceed with the case”, the lawyer said.
The DPP through prosecution counsel Anderson Gikunda did not oppose as he confirmed receiving a letter from Gethenji’s lawyer dated March 18 seeking for file review.
Mutuku had on Tuesday said that she will not entertain unnecessary adjournments in Gethenji’s cases because there are complains that she is granting unnecessary adjournments.
“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.
The lawyer for victim George Wajakoyah asked Mutuku to recuse herself in the matter.
Wajakoyah told mutuku that they were not happy with the way she was handling the matter and requested her to disqualify herself from plea taking process of Gethenji.
Lawyer Ishmael Nyaribo representing Gethinji however opposed to the application saying Wajackoyah had not shared the letter written to Mutuku complaining on her conduct.
The case was coming up for plea taking where Gethinji is accused of beating up Godfrey Mutua, a Kihingo security guard on February 5.
His lawyer had requested the court to defer the plea saying they had requested the DPP to review the file before he is charged.
“Your honor we are seeking for two weeks to have the DPP go through the file and review the evidence before him. Whether it comes back positive or negative we will proceed with the case”, the lawyer said.
The DPP through prosecution counsel Anderson Gikunda did not oppose as he confirmed receiving a letter from Gethenji’s lawyer dated March 18 seeking for file review.
Earlier this month, the plea was also deferred after his lawyer told court that Gethinji was sick.
He was to plead to the charges before a Milimani law court but failed to appear.
“Your honor I will be seeking for an adjournment since I learned this morning that my client is sick and in a hospital bed,” lawyer Ishmael Nyaribo told the court.
Mutuku however stayed the plea proceedings and directed Wajackoyah to file a formal application before court on her recusal.
On February 23, 2021 court deferred gethenji’s plea taking after being informed that he was unwell. It was postponed to March 24, 2021.
Several adjournments have been made against gethenji’s other cases. At one time he had said that he was exposed to someone with cobid-19 and another time he had said the he was mourning the death of his mother in law and the cases were adjourned.
The case will be mentioned on April 12, 2021.