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Magistrate, prosecutor differ over suspect

12 September 2013, 22:01 Joseph Njung'eh

Nyeri - Differences emerged in a Nyeri court on Thursday between a magistrate and a prosecutor over continued incarceration of a woman following the disappearance of her son who is facing charges of being in possession of fake currency.  

Prosecutor Cathrine Wambua and chief magistrate Wilbroda Juma differed over Anastasia Mumbi continued confinement at the Nyeri police station.

Mumbi was arrested yesterday in court, during the mention of the case in which her son is charged with being in possession of fake currency totaling to KES.1.324 million.

While ordering for her arrest yesterday Juma had directed the police to find out if she had anything to do with her son’s disappearance, and if so to charge her with aiding a suspect to escape trial.

Mumbi who had earlier in the case offered her land title deed to stand in for the bond of KES.500,000 that the court had issued for the son’s release pending hearing of the case.  

The court heard that she later asked for the bond to be discharged, saying she would pay the cash bail for the son.

However, when Mumbi was brought before court today, it emerged that the police had not interrogated her on the issue as directed by court.

Prosecutor Wambua told the court that the police were wondering why the woman was being held yet she is currently not standing surety for the suspect.

“This was supposed to be a single day’s exercise. It seems like the police are not interested in executing the order I issued. I can as well dismiss the entire case,” said the magistrate.

A police constable, Goddfrey Otieno Oloo attached to Nyeri police station where woman is being held was then put to task over the failure by the police to execute the court order.

“What have you done to arrest the suspect since the court issued the warrant of arrest,” the magistrate posed.

Oloo confirmed to court that he had not interrogated the woman on the specific issue, prompting the magistrate to order for the OCPD to appear in the court for summons.

The accused, Stephen Wamai Njoroge had been charged alongside Duncun Mwai for being in possession of 1,324,000 pieces of paper resembling KES.1000 notes at Nyeri Township on May 16, 2012.

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