NAIROBI, Kenya, Oct 29 – Nairobi lawyer Peter Gichuki King’ara has failed for the second time to appear before the Chief Magistrate’s court in Kibera to plead to criminal charges brought against him over the use of abusive language against a court clerk.
His lawyer Kirathe Wandungi pleaded with Kibera Senior Resident Magistrate Miresa Opondo to have the warrant of arrest issued against King’ara lifted, but the same was declined on grounds that the subject was not present in court.
Wandugi told the court that his client has not been informed of the existing warrant of arrest nor was he aware that he was required to appear in court.
He said that since the warrant was issued King’ara has been allegedly harassed by the police who want to execute the court orders.
King’ara’s alleged to have abused Sollo Spear Nzuki, a court assistant at Miller and Company Advocates on October 6, 2014 outside the commercial court in Milimani.
The complaint was lodged at Kilimani police station on October 9, 2014 by Nzuki.
The embattled lawyer had filed a criminal application before the High Court seeking to stop arrest and possible prosecution.
Justice Luka Kimaru who heard the application ex-parte issued the orders requiring King’ara to appear before the investigating officer Kilimani police station on October 23, 2014 at 2pm without fail and he was required to corporate with investigators.
The judge further directed that upon representation he was to be released on personal bond of Sh100,000 which he was to execute the material day.
The court also observed that if the police decide to charge King’ara, he was to present himself to court, where the court hearing the case was to deal appropriately with the issue of bail.
Elsewhere in the High Court, Kingara’s petition came for mention before Justice Mumbi Ngugi for directions but the court learnt that the applicant had filed two other judicial review applications now pending before different courts in which restraining orders against the Director of Public Prosecutions, the Inspector General of Police and Director of Criminal Investigation were declined.
Justice Ngugi questioned why there were similar applications seeking same orders were filed and have not been disclosed to court.
King’ara’s lawyer Thumi Kabue was forced to withdraw the petition that came for mention before Judge Ngugi but the court slapped the applicant with cost against the DDP, CID and IGP.
King’ara’s criminal case in Kibera Laws Courts will be mentioned on October 31, 2014.