Sonko summoned afresh over MRC leader's whereabouts

Former Nairobi Governor Mike Sonko.

Photo credit: File | Nation Media Group

What you need to know:

  • Mr Sonko stood surety for Mr Mwamnuadzi, who is facing a charge of being in possession of a firearm and ammunition.
  • The prosecutor 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.

Nairobi Senator Mike Sonko Mbuvi has been summoned afresh to appear in court and explain the whereabouts of Mombasa Republican Council (MRC) leader Omar Hamisi Mwamnuadzi, who has failed to attend court.

Mombasa Chief Magistrate Douglas Ogoti on Tuesday issued the summons to the senator through his lawyer Jared Magolo saying previous summons issued two weeks ago were not properly executed.

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

Principal Prosecution Counsel Jami Yamina told the court that earlier summons had been served through the director of legal services at the Senate.

Through his lawyer, the senator said he did not receive any summons requiring him to attend court.

Mr Yamina has filed an application seeking to prosecute the case against Mr Mwamnuadzi in his (accused) absence.

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

The prosecutor 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.

DECEIVED HIS LAWYER
“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.

“This being a case of public interest with public order concerns to the community and the nation, the actions of the accused may mislead 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 had 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.

The prosecution says they have no intention of withdrawing charges against the secessionist group leader.

Mr Mwamnuadzi is facing the charge together with his wife Maimuna Hamisi Mwavyombo, who has also been charged 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.

THIRTY-FOUR OTHERS

Apart from Mr Mwamnuadzi and his wife, the thirty-four other people are facing a charge of consorting with an armed person.

According to the prosecution, they allegedly consorted with Mr Mwamnuadzi and Ms Mwavyombo, who they say were found in possession of 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 in Kombani, Kwale County.