Nyahururu court orders reopening of AP's rape case

Wednesday June 19 2019

A file photo of the Nyahururu Law Courts. PHOTO

A file photo of the Nyahururu Law Courts. PHOTO | STEVE NJUGUNA | NATION MEDIA GROUP 

STEVE NJUGUNA
By STEVE NJUGUNA
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A Nyahururu court has directed the prosecution to reopen a case in which two people including a police officer are charged with multiple counts of robbery with violence and rape.

The prosecution closed the case after four witnesses, all of them police officers, failed to appear in court to testify against their colleague.

Senior Resident Magistrate Ocharo Momanyi on Tuesday ordered the re-opening of the case, noting it was in the interest of justice.

THE CRIMES

David Kimani Kuria, an Administration Police constable based at Bahati Police Station in Nakuru County, and one Samuel Mugire, are accused of violently robbing a couple of their valuables.

They were reportedly armed with an AK-47 rifle during the incident that took place in Kabazi.

The two are also charged with stealing the man's phone valued at Sh7,000.

They are further accused of stealing Sh45,000 and a mobile phone valued at Sh10,000 from the woman and raping her.

The man later succumbed to the gunshot wounds to the chest that he sustained during the robbery.

JUSTICE

The court had issued summonses to the witnesses for more than three years but they failed to turn up, leaving the prosecution with no option but to close the case.

Through their lawyer Michael Mbugua, they wanted the case closed.

In May, however, the woman applied for the reopening of the case through lawyer Harry Gakinya.

In the ruling on Tuesday, the magistrate noted that the goal was justice and that the decision to revive the case was not based on prejudice.

OBLIGATION

Mr Momanyi faulted the witnesses for failing to appear in court, noting that police are public officers who are supposed to testify in court whenever they are required to.

“The case was prematurely closed and Section 150 of the Criminal Procedural Code invoked. It is unfortunate that police officers behaved as if they were being pestered to attend court,” Mr Momanyi noted.

The magistrate ordered the four police officers to appear in court on July 8 to testify.

So far, eight witnesses including a doctor have testified in the case.