Sonko says he has set a team to trace MRC leader

Nairobi senator Mike Sonko Mbuvi has been given a final opportunity to present to court Mombasa Republican Council leader Omar Hamisi Mwamnuadzi for whom he has stood a surety.

Mombasa chief magistrate Douglas Ogoti said failure to have the senator produce Mr Mwamnuadzi; the court will embark on procedures to be followed when a surety fails to present an accused to court.

“This is an old matter, litigation must come to an end, I will grant the last mention for the surety to produce the accused,” said Mr Ogoti on Wednesday.

Through his lawyer Jared Magolo, the senator told the court that he has set an elaborate team to trace the accused even in Tanzania.

“We are collaborating with the family (to trace the accused),”said Mr Magolo adding that they were to make a report regarding the issue.

Prosecuting Counsel Jami Yamina did not oppose an application to have Mr Sonko granted more time to produce the MRC leader.

Mr Yamina told the court that should the senator find more information regarding the accused, he should inform the court.

Usually, the court takes possession of the security deposited by the surety such as title deed and vehicle logbooks when an accused person fails to turn up in court.

It may then sell the land or vehicle to recover the amount of money equivalent to the value of the property which had been used as security.

In September, the senator said he would cooperate with the court to present the MRC leader in court and that he knew the repercussions of failing to present the accused in court.

Warrants of arrest have previously been issued against the MRC leader who has failed to attend court for the hearing of his case.

WITNESSES HAVING TESTIFIED

Mr Sonko stood surety for Mr Mwamnuadzi who is facing a charge of being in possession of a firearm and rounds of ammunition.

The prosecution had filed an application seeking to prosecute the case against Mr Mwamnuadzi in his (accused) absence.

He said the accused has participated in the trial upto a very advanced stage in the prosecution with nine witnesses having testified.

Mr Yamina said there are four remaining witnesses to close his case and that Mr Mwamnuadzi has failed to report to county criminal investigations officer every Monday as spelt out in the terms of his admission to bail.

According to the prosecutions, the reasons cited for the absence of Mr Mwamnuadzi have been established to bear false statements.

“It is clear that the accused has through false statements deceived his lawyer, the prosecution and the court through actions that amount to wilful obstruction of the administration of justice and trial misconduct,” said Mr Yamina in his application.

Mr Yamina said the accused must not be allowed to benefit from his own misconduct that renders the trial impossible to proceed in his absence.

DEFEATING COURSE OF JUSTICE

“This being a case of public interest with public order concerns to the community and the nation, the actions of the accused may misled others defeating the course of justice,” argued Mr Yamina.

He further argued that the actions of the accused can diminish public confidence in the justice system if not addressed in the manner contemplated in the constitution.

In his supporting affidavit, corporal Antony Mwanzia said he has gathered information that the accused has deceived different courts by tendering false statements where warrants of arrest were issued.

The prosecution had told the court that medical documents presented to court claiming the accused had been hospitalised were not genuine.

“We have verified the documents, the accused was never hospitalised at the hospital, the electronic medical number on the documents relates to another person,” said Mr Yamina.

According to the prosecution, it has no intention to withdraw charges against the secessionist group leader.

Mr Mwamnuadzi is facing the charge alongside Ms Maimuna Hamisi Mwavyombo for with being in possession of offensive weapons.

They also faced two counts of incitement to violence and being in possession of articles used in the exercise of witchcraft.

Apart from Mr Mwamnuadzi and Ms Mwavyombo, 34 others are facing a charge of consorting with an armed person.

According to the prosecution, they allegedly consorted with Mr Mwamnuadzi and Ms Mwavyombo, persons who without reasonable excuse, were found in possession firearms and offensive weapons in circumstances that raised reasonable presumption that they were to be used in a manner prejudicial to public order.

The offences were allegedly committed on October 15 2012 at Kombani area, Kwale County.
The case has been fixed for mention on March 7, 2017.