Former Tetu constituency Member of Parliament James Ndung’u Gethenji has been charged alongside two others with creating disturbance in a manner likely to cause breach of peace.
Gethenji , Chacha Mabanga and Frankline Mutegi Kaburu are accused of committing the offence by stopping renovation of a house belonging to Kisokumar Dhanji Varsani.
The three are alleged to have committed the offence on on 2nd July 2019 at Kihingo village, Kitsuru estate in Nairobi jointly with others not before court.
Kaburu is alone charged with assaulting lawyer George Wajackoyah and Dhanji thereby occasioning them actual bodily harm.
He is also accused of causing malicious damage to property (Dhanji’s sweater) valued at Sh 1000.
They denied the charges before Chief Magistrate Francis Andayi.
The prosecution opposed the release of the accused persons on bail pending a detailed medical examination report in respect of the injuries sustained by the two.
The court heard that the accused persons are at flight risk and likely to interfere with investigations.
According to the State, Ndung’u is a former MP and former chairperson of departmental committee on defence and foreign relations and hence an influential person with capacity to interfere with the witnesses and trial if released on bail.
The court further heard that the charges being faced by the three are serious as they involves the health and safety of human beings.
However, the defense submitted that the three are not at flight risk and should therefore be granted bail.
The lawyers also submitted that nothing had been produced before court to show the assault, not even medical records.
Chief Magistrate Martha Mutuku who ruled on their bail application stated that she was convinced the prosecution gave no compelling reasons to warrant the detention of the accused persons.
She granted them a bond of Sh 100,000 or pay cash Sh 50,000 to secure their release.
The case will be mentioned on 17th July heard on 21st and 22nd October.
