A former judge and his partner accused of stealing over Sh 6 million from a client will know their fate on 6th July when the court will determine whether they will be charged.
Robert Mugo Mutitu and John Njoroge Thiong’o are accused of stealing Sh 6,850,000 from Jane Wangui Wahome.
According to the charge sheet, the money had been entrusted to them for the purchase of land No. NAIROBI/BLOCK 110/695.
The duo who are now both in private practice are alleged to have committed the offence on diverse dates between 22d April and 19th May 2021 in Nairobi, being the agents of Wangui.
The lawyers are also accused f conspiring to steal the said amount.
Mutitu appeared before Chief Magistrate Wendy Kagendo. However, Thiong’o did not appear in court and the investigating officer requested for summons to be issued against him.
Their lawyer Kirathe Wandugi requested the court to defer plea taking for about three weeks when the second accused will have returned to the country since he travelled to see his family.
The court further heard this will enable the parties to conclude settling the matter out of court.
According to Wandugi, the case arises from professional work in progress.
“We want plea deferred for about 3 weeks to enable them reach a conclusion,” Wandugi told the court.
In addition, Wandugi said Mutito is a senior citizen in active private practice and a former judicial officer. Therefore, he will always avail himself in court when need be.
The court also heard that considerable steps have been made to settle the matter.
However, the prosecution opposed the application on grounds that the matter has been pending for over a year and no settlement has been made.
“As much as we encourage ADR and would wish the matter to be settled out of court, the complainant is in court and was the matter to proceed,” prosecutor Anderson Gikunda added.
The court was told that the police have been tracing the former judge for the last three weeks and second accused is still on the run. He requested for a warrant of arrest to be issued.
Wandugi reiterated that they are not aware of any efforts made to summon the former judge to come to court.
“If he had been summoned he would have certainly appeared,” Wandugi said.
According to the lawyer, his client Mutito has been practising and was in court yesterday but nobody has told him he is being sought.
Thiong’o whose wife works for the High commission in Tanzania will be back in about three weeks.
Chief Magistrate Kagendo ruled that the plea will be deferred for a period of two weeks.
Mutito was released on a cash bail of Sh 100,000 while summons were issued against Thiong’o.
The matter will be mentioned 6th July 2022.
