Man who assaulted former MP Raila to be charged
09 October 2014, 22:55
Kwale - The director of public prosecution Keriako Tobiko has directed that the man who assaulted former PM Raila Odinga and Kwale governor Salim Mvurya to be charged for causing disturbance.
Tobiko also allowed the state to withdraw two charges against Lengo Mdzomba for assaulting the two leaders after they willingly availed heir sworn affidavit wishing to pardon the man.
Tobiko who was represented by Mombasa deputy director of public prosecution Alexander Muteti and state counsel George Mungai said that the prosecution is willing to proceed to fully hearing of the case.
“The office of DPP wishes to apply for the two counts to be withdrawn under section 8,7 of the CPC since they would be witnesses have pardoned the accused person,’ said Muteti.
Resident Magistrate Christine Njagi allow the application by DPP to withdraw the case after the two complainants wished to pardon Mdzomba.
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Mdzomba who was in court represented by lawyer Bwire Okano wished to change plea for the third count where he pleaded not guilty after the charge was re-read again to him.
“Muteti said that they have enough evidence to support the third count against Mdzomba and so the DPP wishes the case to continue,” said Muteti.
He said it is not necessary for the two complainants of county one and two to give evidence since there are other evidence to support their case.
“The decision is informed by the DPP directive issues yesterday (Wednesday) in which he noted that political hooliganism and thurggery at public meeting is on the rise and if the trend is not stopped the good nation of Kenya will be exposed to the risk of lawlessness,’ Muteti told the court.
He said it is against that background that the DPP seek to proceed with the third count.
Lawyer Bwire representing Mdzomba said that his client should be given reasonable bond or bail since he is a causal worker in a local farm in Kinango earning less than Sh100 per day as a wage.
“My client is also not of good health, old and sponsors are already to support his medical treatment like Haki Africa and so we ask the court to give him free bond to go and get treatment and his mental condition to be confirmed,’ said Bwire.
Bwire said they will ensure the accused is brought to court when and required by the court.
Muteti said that the prosecution has no problem with bond or bail issue to the accused person as far as he attend court proceeding.
“We have not problems if he is released on such condition the court deem fit and guarantee him to attend court proceeding,” Muteti.
Resident Magistrate Christine Njagi said allowed the application by Mdzomba and ordered to pay Sh2,500 cash bail and set hearing of the case to be on 16 December this year.
Mdzomba case will be mentioned on 23 October this year.
The cash bail was paid by Haki Africa and he was released and taken to his Kinango employer Nassim Issa who had pleaded for his release.
Haki Africa CEO Hussen Khalid said that Mdzomba will rest for some days and next week doctors will who have already been contacted will treat him.
Happy Mdzomba lauded Haki Africa for helping and Raila Odinga together with Raila Odinga for forgiving him outside Kwale law court when he was released.
He disputed claims that he was paid to can them saying he was out of his mind when the incident occurred.
“If I was not wrestled by the man may be I could have done more damage and caned over ten people because my condition was worse,’ he said.
His brother Samuel Kahindi 65 said that his brother has been sick since before.
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