Bishop Wanjiru to spend five days behind bars over poll chaos

Nairobi Jubilee gubernatorial ticket hopeful Margaret Wanjiru in the dock in a Nairobi court on April 27, 2017 where she was charged with with malicious damage to property and creating disturbance. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • The Magistrate said that stern action needs to be taken to avoid a repeat of the last General Election’s chaotic situation as well as rising temperatures as a reason for refusing her request to be released on reasonable bond terms.
  • Despite the fact that the Magistrate pointed out that there was an error in the document which had Bishop Wanjiru’s charges otherwise known as a charge sheet, he went ahead to specify how it should have been framed before terming it not a big deal to interfere with the case.

Jubilee Party’s Nairobi gubernatorial aspirant Bishop Margaret Wanjiru will remain in custody for five days until after Labour Day celebrations following a decision to deny her bond.

In his ruling, Chief Magistrate Francis Andayi upheld arguments by the prosecution that since she is an influential figure, there will be a likelihood of interfering with clerks who were witnesses present at the polling station in which she was arrested in.

The Magistrate said that stern action needs to be taken to avoid a repeat of the last General Election’s chaotic situation as well as rising temperatures as a reason for refusing her request to be released on reasonable bond terms.

“A well-known personality has a lot of influence, that assertion alone cannot be dismissed even though it is the prosecution’s job to ensure all witnesses are protected under safe custody, I believe the interest of justice will be served if the accused is denied bond,” he ruled.

Despite the fact that the Magistrate pointed out that there was an error in the document which had Bishop Wanjiru’s charges otherwise known as a charge sheet, he went ahead to specify how it should have been framed before terming it not a big deal to interfere with the case.

And as the quiet courtroom full of her supporters keenly followed the proceedings, the Magistrate directed that their Bishop should appear in court on May 2 to have her Sh500, 000 bond processed.

He also asked her to deposit another half a million shillings to the court as well as present two sureties of similar amount.

And despite pleadings by her lawyer that she is unwell therefore she should be detained at a police station instead of prison, the Magistrate ordered that Bishop Wanjiru be held at Kileleshwa only if her medical documents are availed in court on Friday.

She was charged with causing malicious damage to property and creating disturbance earlier in the day and denied the charges.

She is accused of will-fully and unlawfully destroying four ballot boxes as well as assorted papers valued at Sh30, 000 belonging to Jubilee Party.

The prosecution told court that she was accompanied by a group of about 50 rowdy and noisy people who stormed the polling station in City Market, Nairobi, scaring off polling clerks at the centre.

The prosecution urged the Magistrate to deny her bond so as to guarantee smooth and peaceful Jubilee nomination exercise to be completed.

It also hinted that she might be charged with other offences later together with others who had not been arraigned in court.

Bishop Wanjiru’s lawyer requested the court to consider releasing her on reasonable bond terms arguing that even capital offenders are entitled to bail.

The lawyer said that Ms Wanjiru is a Jubilee member as well as aspirant and is interested with the outcome of the party nomination exercise.

He also argued that if prosecution had not completed its investigations it should seek for more time to do so instead of having her detained in remand.

“My client is a leader who represents interests of citizens of this county, further detention will deny her the right to know the outcome of the nomination exercise she participated in, which is a bare minimum request,” he said.

And as she was being led away by court orderlies, her supporters and relatives shed tears in disbelief. Before the verdict was issued, the Bishop had asked those present in court to sing and pray before her fate is sealed. But the Magistrate walked in to deliver the ruling.