Former Tetu MP James Ndung’u Gethenji has been summoned to appear before the court on August 23 for plea taking of an assault case.
The former lawmaker allegedly assaulted Godfrey Mutua, a Kihingo Village security guard on February 5.
Milimani Chief Magistrate Martha Mutuku issued the summons after declining to recuse herself from the plea taking of the accused.
In her brief ruling, Mutuku said that an application filed by the complainant’s lawyer Professor George Wajackoyah lacked merit.
“Recusal comes when there is a conflict of interest. There is nowhere shown or proved that there is a conflict or shown sides in the matter. I find that there being no conflict, I find that the application has no merit. The accused to appear in court for plea taking”, ruled the magistrate.
Counsel Wajackoyah filed an application in March explaining to the magistrate that he was unhappy with the way she was handling the matter and requested that she vacates the plea taking of Gethenji. The former legislator was to plead to the assault charges in February 2021.
Defense counsel Ishmael Nyaribo however opposed the application saying Wajackoyah had not shared the letter written to Mutuku complaining of her conduct.
Ishmael had requested the court to defer the plea session arguing that his team had requested the DPP to review the file before Gethenji is charged.
“Your honor we are seeking for two weeks to have the DPP go through the file and review the evidence before him. Whether it comes back positive or negative we will proceed with the case,” explained the counsel.
During the same month, the plea was also deferred after his lawyer told the court that Gethenji was sick.
“Your honor I will be seeking an adjournment since I learned this morning that my client is sick and in a hospital bed,” lawyer Ishmael Nyaribo had told the court.
The prosecution lead by counsel Anderson Gikunda did not oppose the move as it confirmed receiving a letter from Gethenji’s lawyer dated March 18 seeking the file review.
Mutuku however directed Wajackoyah to file a formal application before court on her recusal.
According to the police file, at around 11.28 pm on February 5, Gethenji arrived at the gate of Kihingo Village where he lives. It was alleged that Gethenji had been in a protracted dispute with the other residents.
Gethenji was annoyed that Securex was recently appointed to provide security to Kihingo Village and that his preferred security company 911 was blocked from entering the estate.
On that fateful night, a Kihingo guard, Mutua asked the driver to lower the windows of Ndungu’s vehicle so that he could check that they were not surreptitiously smuggling in any 911 guards.
This led to the removal of his chairmanship title from The Kihingo Village Management Company and he no longer plays any part in the management of the upmarket estate in Kitisuru.
*This article was written by Meshack Makau for Uzalendo News. Email: uzalendonews24@gmail.com to submit your story.
