Crimes

Ndenderu Ward MCA in custody for 5 days for assaulting a lady

Solomon Kinuthia Wambui, Ndenderu Ward MCA, is set to remain under police custody for five days pending the determination of a bond application.

The MCA had been arraigned before a Kiambu law court and charged with assault and malicious damage of property, claims to which he refuted.

The MCA who was out on a police bond of Ksh. 20,000 appeared before the Kiambu Senior Principal Magistrate Ms. Stella Atambo. Through his lawyer Mr. Gathenji Mbuthi, he pleaded with the court to defer his plea taking on claims that the case was being handled internally by the county assembly of Kiambu.

Intricacies of the charges are that the accused at 1040hrs on November 8, 2019 assaulted Angela Wanjiru Kangunyi thereby occasioning her actual bodily harm contrary to Section 251 of the Penal code. Furthermore, on the second count he is accused of willfully damaging a blouse worth Ksh. 2,500 property of Angela Wanjiru Kangunyi contrary to Section 339(1) of the Penal code that proscribes willfully and unlawful destruction of any property.

The Defense lawyer rejected an application by the prosecution where they intended to produce a document to be relied on by  the court in making determination for the bond terms. He rejected the document stating that it could not be relied on as it was not accompanied by a Hansard.

The complainant’s lawyer however, made an application to be allowed to produce a Hansard and the application was allowed hence the proceedings were temporarily halted to allow him to allow serve other parties with the same document.

Mr. Okwatch also served the court with an affidavit in which he complained that the accused be denied bail as they worked within the same institution with the complainant hence he was likely to interfere with prospective witnesses through intimidation.

The case had attracted attention from the Law Society of Kenya (LSK) and the Federation of Women Lawyers (FIDA). The professional bodies were represented through lawyers Mercy Karethi and Victor Awuor. They both opposed the MCA to be granted bail. The state counsel for the case, Donnex Ongira also rejected the application.

The senior principal magistrate Ms. Stella Atambo directed that the accused to be held in remand until November 20 when the case will be mentioned.


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