The investigating officer of a case where former Tetu MP is charged alongside two others with creating disturbance has told court that he was not paid any money to testify in the matter
Officer Nicholas Mwangi Njenga told trial Magistrate Martha Mutuku that the accused persons were produced in court after he analyzed the evidence against them.
In the case, former MP James Ndung’u Githinji is charged together with Chacha Mabanga and Franklin Mutegi Kaburu.
Njenga testified that on 2nd July 2019, he was instructed by one Inspector Musyoka to go to Kihingo village to respond to a distress call from Lawyer Professor Wajakoya. He went here with his colleague and upon arrival, he met Githinji and after interrogating Wajakoya and other witnesses, he arrested the suspects.
During cross examination by the defense lawyers, the officer told the court that he does not know whether Wajakoya was the one who made the call.
He also added that the first and second accused were not at house no. 26D where the disturbance is alleged to have happened.
In addition, he said he never took the statement of the OCS Gigiri Police station even though he was at the scene before they arrived and denied concealing any witness from court.
“I did not conceal any witness from court. I called the relevant witnesses,” he said.
The officer contradicted himself when he said that the matter was reported at Gigiri Police station and later changed to say that he was not aware whether the matter had been reported there. He said it was reported at flying squad offices which is not a police station.
Njenga said that he was not aware Githinji had made a complaint to Gigiri police station about damage to property in the same property which made the defense lawyers accuse him of not doing his investigations and relying on hearsay.
During re-examination, the officer reiterated that it is the Director of Public Prosecution who makes the decision to charge not him.
The defense lawyers want the said OB number to be produced to court on grounds that it is the foundation on which the investigator based his case. They also demonstrated to the court their intention to recall the investigating officer to the stand.
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The prosecution also applied and was granted a warrant of arrest against an officer by the name Evans Murira of DCIO Londiani who is a witness in the matter but has never appeared in court even after three summons.
The former lawmaker, 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 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.
