Waiganjo's case postponed
22 February 2013, 15:50
The hearing of fraud and impersonation charges facing the alleged police imposter Joshua Karianjahi Waiganjo failed to proceed in a Nyeri court on Thursday after the defense team argued that the date was taken in the absence of a counsel.
The defense team led by lawyer Kibiru Njenga told Chief Magistrate Wilbrodah Juma that when his client was first arraigned in court on January 15 to plead to the charges, the accused was not presented hence applying for a date in May to enable him prepare.
He further observed that taking a distant date would enable them have the outcome of a petition they had filed in the High court in Nairobi determined.
However, the magistrate objected to the applications saying it is an old case that has lagged for close to five years since 2008, reason being the accused failed to honor bond terms and absconded court proceedings.
Over the petition, the magistrate observed that the court has not received any orders stopping it from proceeding with the hearing, adding the case should be handled in reasonable time as it was reflecting on the courts case backlog.
In the first count, Waiganjo is charged that on diverse dates between August 6 and October 16, 2008, within Nyeri County, with intent to defraud, he falsely presented himself as a Senior Superintendent of police attached to G.S.U headquarters in Nairobi, to Daniel Kago Gachanja saying he was in a position to recruit his brother-in-law Humphrey Gichuru to join the Administration Police force.
In the second count, he was charged with falsely obtaining KES 50 000 from Daniel Kago on October 7, 2008 at Kiganjo village in the pretext that he could recruit his brother-in-law to the force.
In the third count, the accused is charged with presenting himself as a GSU Senior Superintendent to James Waichoya Wambugu in the guise that he could recruit his son George Nyumba in the force on October 8 the same year, at Narumoru township, while in the fourth count, he is charged with falsely obtaining KES 100 000 from Waichoya for the purposes of recruiting his son.
The defense counsel further applied to have the accused continue being remanded at the Naivasha maximum prison to enable him continue receiving medical attention from his doctor for a medical condition he did not disclose.
In response, the magistrate said whether the accused is remanded in Nyeri or Naivasha, he could still be attended to by his doctor, but observed that the place of remand shall be pegged on the convenience of his defense counsel.
She further directed the defense to be supplied with statements of witnesses and any other documentary evidence the prosecution was going to rely on in preparation for the hearing set for March 28.
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