A lady accused of forgery by her husband is contesting her prosecution and will know her fate on Wednesday 23rd after the court delivers a ruling on whether she will face charges of making documents without authority.
Catherine Nyakoboke Nyang’au is accused of making a background check form without lawful authority purporting it to be genuine issued by Avic Shantui Construction (EA) limited.
She is alleged to have committed the offense on 5th March 2018 jointly with others not before court.
Nyang’au is also being accused of uttering the forged form purporting it to be filled and signed by Walter Omwenga Oyugi who is her estranged husband and complainant in the matter.
She is alleged to have committed the offense on 5th March 2018 at KNATCOM-UNESCO offices at National Bank Building, Harambee avenue, Nairobi.
Nyang’au who is out on a police bond of Sh 20,000 denied the charges before Principal Magistrate Bernard Ochoi.
The accused is contesting the charges on grounds of malicious prosecution by the Director of Public Prosecution.
She claims that the matter was presented before Makadara law courts and wondered why it was transferred to Milimani Law Courts without compliance of ODPP Makadara court.
The DPP had given certain directions in the file including the examination of her handwriting to clarify whether she had indeed forged the document but the same was not done. Instead, she was taken to Milimani Law Courts to plead to the charges.
The court heard that the matter is subject to Employment and Labour Relations Court matter No. 82/2020 where the court stayed all criminal proceedings.
The accused wants the matter to be transferred back to Makadara court.
However, the prosecution told the court that they had not been served any stay orders and therefore nothing barred the court from proceeding with her plea taking.
The Prosecutor told the magistrate that the issue of malicious prosecution is a constitutional issue. Among the witnesses listed is KNATCOM-UNESCO secretary general/CEO Dr Evangeline Njoka.