By Kelly Were
Mary Waithira Gikonyo appeared before Kibera principal magistrate Agnetta Ogonda and she denied the charges.
The prosecution told the court that on March 22, 2025, along Kumbe Road, Hardy within Lang’ata sub-county within Nairobi county with others who were not before the court stole one jewellery gold watch Casino, one Iphone 14, one Samsung Video Camera, Three HP laptops, two play station, two wall clocks all valued at Ksh 933,500 the property of Eric Munene.
In the second count, Gikonyo was charged with malicious damage to property contrary to the law.
Waithira was charged that, on March 22, 2025, at Hardy along Kumbe Road within Lang’ata Sub-county jointly with others who were not in court jointly unlawfully and willfully destroyed the main gate, broke doors to the main house, windowpanes, CCTV cameras all valued at KSh 325,000 the properties of Eric Munene.
Through his lawyer John Swaka, Waithira pleaded for leniency citing that she is not a flight risk and she is willing to comply with terms to be set by the court,
“Your honour i pray for lenient terms considering that the accused is not a flight risk and she is willing to comply with terms to be set by this court,” the lawyer submitted.
State prosecutor Ismail Jama urged the court to deny the accused bail and if we’re to be granted to impose a reasonable terms that commensurate the offence committed, “Your honor i would request the court to deny bond to the accused because the officer investigating the matter is on the process of tracing the stolen items and the accused can interfere with investigations,” Jama submitted.
Jama added that despite the accused having right to bail under Article 49 of the constitution, it can be denied with compelling reasons by the prosecution.
In response, the defence urged the court to ignore the application by the prosecution citing that no compelling reasons given to support the sentiments.
The lawyer further stated that the matter arose from matrimonial issue between the accused and the ex husband.
In determination, the magistrate considered the application by the prosecution and the defense noting that bail is a constitutional right to the accused unless there are valid reasons to deny the same, “I have considered the application by both sides and I hereby grant the accused person cash bail of Ksh 50,000 with one contact person,” the magistrate directed.
The magistrate further barred the accused person from contacting the officer investigating the matter nor sending him short messages unless through her counsel.
She scheduled the matter for mention on November 27, 2025, for pre-trial and directions.
