NAIROBI, Kenya, Nov 25 – The Murgor sisters have turned down an out-of-court settlement offer by the Ndichu brothers following an assault incident at the Ole Sereni Hotel last month.
Through their lawyer, Philip Murgor, Cheryll and Stephanie Murgor, Samuel Ramdas, and Patrick Koech stated that they turned down offers from three lawyers and a Kenyan MP to settle the matter.
According to their statement, the offer was followed up with a letter that agreed to pay for the repairs for the damage to the car belonging to Ramdas.
But Murgor says they have rejected the offer and are ready to pursue the matter in court.
Murgor claims there has been an attempt to interfere with the investigations by unnamed people, citing when they were told at the Kibera Law Courts that the brothers will not be charged following new directives.
“We have been approached by 3 different advocates, one of whom is also an MP, all seeking an amicable out of court settlement on behalf of the Ndichu brothers. One advocate, Mr. Njenga Kiarie, from the firm of Amadi & Associates followed it up with a letter dated 26th October 2021, offering to pay for the repairs for the damage to the car belonging to Samuel Ramdas,” said Murgor.
Murgor said his clients have rejected the offer.
“We politely rejected all the overtures, and indicated that it was in the public interest that the case proceeds to court,” he added.
At the same time, the Murgor sisters claimed there was an attempt by law enforcement agencies to influence the outcome of the ongoing matter.
They pointed out that when they appeared at the Kibera Law Courts, they were told that the twins would not be charged at all as there were new directives.
“It was also reported through social media that Munira Hassan who had hitherto been untraceable, had finally surrendered herself to the police,” he added.
He added that in an attempt to cover up the crime, a section of the CCTV footage detailing what transpired had been deleted.
Murgor further stated that on November 19, he received a call from the Deputy DCIO Langata, asking him to present his clients, Cheryl and Patrick to record a statement, provide fingerprints, after which they would be charged alongside Munira for the offence of affray.
He added that the new summons was against all known procedure, whereby all parties are invited to record a normal witness statement and present their witnesses before a decision is made to charge by the DPP.
“We reject these distracting sideshows, and call upon the DPP to call for the file and give appropriate directions on how the offence of affray should be investigated in the light of the explanation of self-defence offered by Cheryll and Patrick in the statements already recorded.
He added that the police investigators are required to seek the guidance of the DPP in view of Section 17 of the Penal Code which provides that; defence of person or property subject to any express provisions in this Code or any other law in operation in Kenya, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English Common Law.
“Further, the Common Law position is that all those who act reasonably and in good faith to defend themselves, their family, their property, or in the prevention of crime, or apprehension of offenders are not prosecuted for using force in self-defence,” he stated.
He added that the move by the police is designed to create a further state of apprehension on the part of the victims.
“All these actions are tailored to exert undue pressure on our clients, particularly the young ladies who have had to undergo treatment for the vicious assault, and counselling for trauma,” Murgor stated.
Reginah Chepkwemoi the victim’s mother who also spoke, defended the record of her daughters staying they have never been involved in any acts of violence whatsoever.
She stated that she was affected by the assault and called on the investigating agencies to speed up the case.
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