Connect with us

Courts

Man accused of sodomising minor attacks magistrate for the second time

Published

on

A man accused of sodomising a three and half-year-old boy on Wednesday turned violent in court and attempted to attack the magistrate.

Ismael Mustafa for the second time turned violent and attempted to attack Chief Magistrate Edna Nyaloti prompting her to run out of the court.

He had previously, in early September 2020, charged towards the magistrate while she was busy writing down proceedings forcing the shaken magistrate to scamper for safety even leaving her shoes behind.

Nyaloti was making a ruling on whether Mustafa has a case to answer. She later forgave him and the trial continued.

“Cuff him, this is the second time he is turning violent and attempting to attack me,” said the Chief Magistrate.

It took the intervention of the court orderlies and prison officers to contain Mustafa who turned aggressive towards the magistrate.

The officers wrestled him down to the floor and cuffed him before marching him out of the courts.

Nyaloti was forced to retreat to her chambers in fear of her safety after Mustafa started to charge towards her.

It is alleged that on February 16, 2019, at Bangladesh area in Jomvu, he sodomised XY- a child aged three and a half years.

He denied the charges and was released on a bond of  Sh200, 000 with a similar surety.

Repeated offence

According to police records, Mustafa had been previously charged with sodomising another minor and was sentenced but later was acquitted by the High Court upon appeal.

Today, other court matters were forced to adjourn to allow the prison officers to escort him out of the court.

Mustafa had on several occasions become arrogant and interrupted the court proceedings.

Despite the magistrate listening to his rants and complaints without interruption, the accused became adamant, was dissatisfied and decided to turn violent.

He demanded to have his charges read to him afresh and said that when the charge sheet was amended, it was not read to him as he demanded to have the matter started afresh.

Nyaloti laboured to explain that the court record indicated that the charges were read to him by the prosecution once the charges were amended.

However, Mustafa insisted that he wanted the matter transferred to another court and demanded that the magistrate determines whether he has a case to answer or not.

“Your honour there is no need for you to proceed with the ruling. I have no faith in your court and want you to transfer the matter before another court. I want the high court to decide on this matter because I feel justice is not being done,” said Mustafa.

Mustafa declined to allow the magistrate to make a ruling and said that he won’t ever attend the court until he is allocated another court.

Mustafa proceeded to utter abusive and unprintable language in court and swore that he will not come back to court ever.

The magistrate had given him time in the last trial to file his application before the high court to have the matter determined afresh.

“I have no objection if you want to file your application before the high court to have the matter transferred to another court but meanwhile the case will proceed before me until you get an order stating otherwise,” said Nyaloti.

BY STandardmedia.co.ke

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Courts

A case of two stolen cows and a DNA test

Published

on

When Ann Cherotich and her husband John Tingiso lost their two Friesian cows to a cattle thief five years ago, their dairy business was shattered.

Ms Cherotich’s life would then be darkened even more, when her husband died two months later in a road accident.

At only 31, she was a widowed mother of three with no source of income.

One day in August this year, as she was travelling to Nakuru, she spotted two cows grazing by the road. The cows had all the features of her stolen animals.

Although five years had passed, she was convinced that the cows she spotted were hers, so she reported the matter to the police, and investigations began.

What appeared like a light at the end of the tunnel turned out to be another puzzle that has proved too complex to resolve.

A veterinary officer familiar with Ms Cherotich’s cows assessed the physical appearance of the cows and was convinced that they were the same ones. But a neighbour, Gloria Kandie, was claiming ownership.

A DNA profiling was done by another vet, and the results proved Ms Cherotich right. The cows’ DNA matched those of the cows that sired them.

However, the ownership of the two animals is now the subject of a legal battle between the two women at the Chief Magistrates’ Court in Nakuru.

Pregnant cows

Ms Cherotich says she lost the cattle on the night of August 27, 2015, around 3am. While sleeping, she and her husband heard a commotion at the cattle shed and when they woke up, found the cows — Rose Nangiene and Kisirani, mother and daughter — gone. Both were pregnant.

They tracked the animals’ footprints, but the trail ran cold on the Nakuru-Kericho highway.

Her husband reported the theft to the Ngata Police Post.

Ms Kandie, on the other hand, maintained that she bought the cows separately from different sellers — one from Nyandarua and the other from Njoro at a total cost of Sh215,000 in 2019. She named the cows Ruma and Legina and produced sale agreements between her and David Mogaka and Paul Majanga.

Investigations revealed that the description given by Ms Cherotich in her earlier police statements tallied with the features of the two cows.

A veterinary officer in charge at Rongai Sub-county office, Mr Peter Ngugi, was engaged to do a DNA test. His findings revealed that the cows were related and belonged to Ms Cherotich.

“All factors considered, Ms Ann Cherotich proved beyond reasonable doubt to be the owner of the two cows,” noted Mr Ngugi in his report dated August 28.

Ms Kandie, however, disputed the report, and the police forwarded the file to the Director of Public Prosecutions.

Nakuru Senior Assistant Director of Public Prosecutions Daniel Karuri, on perusing the file, directed that the cows be handed back to Ms Cherotich, their legal owner.

The DPP relied on the evidence of Ms Cherotich, her mother, the veterinary officer who used to attend to the animals, and of the police.

Loss of the cattle

“In light of the above expert opinion that the two cows belong to Ms Cherotich, I direct that they be restored… to her,” Mr Karuri ordered on September 9.

Following the DPP’s directive, the Officer Commanding Station at Menengai wrote to Ms Kandie on September 20 directing her to surrender the cows in two days—an order Ms Kandie is challenging in court.

In the case, Ms Kandie has sued Ms Cherotich and the Menengai OCS, accusing them of conspiring to dispossess her of her animals.

She has dismissed the veterinary report as fraudulent.

However, as the case awaits determination by the court Ms Cherotich fears losing the animals as she claims to have no means to put up a fight in court.

According to Ms Cherotich, her husband was deeply stressed by the loss of the cattle and was knocked by a matatu while crossing the highway after a fruitless search for the cows in Molo.

“These animals were my life since I used to sell the milk to Kenya Cooperative Creameries where we managed to support our livelihoods,” she said.

by Nationafrica

Continue Reading

Courts

VIDEO&PHOTOS: Drama in court as Bomet man is confronted by his daughter

Published

on

Tension was high at the High Court in Bomet on Monday as a carpenter, who allegedly doused his wife with petrol and burnt her, was charged with murder.

Robert Kipkorir Tonui was arraigned before Justice Roseline Korir. He denied the charge of murder.

After he took plea, his eldest daughter, 21, confronted him outside the courtroom, demanding to know why he killed her mother.

Tonui is accused of murdering his wife Emmy Chepkoech Mitei, a former deputy headteacher at Cheptalal Primary School.

His eldest daughter confronted him outside the courtroom, demanding to know why he killed her mother.

Vitalis Kimutai | Nation Media Group

Emmy sustained 97 per cent body burns in the attack and succumbed to injuries while undergoing treatment at Tenwek Mission Hospital.

Emmy, who was 45 years old at the time of her death, was buried at her home in Kobel Village on October 19. She left behind seven children.

The offence is alleged to have been committed on the night of October 7 in Seanin Village, Konoin constituency.

Tonui was arraigned in a courtroom packed with tense family members and curious members of the public with a Kericho-based advocate, Brian Langat, representing him.

As soon as Tonui was whisked out of the courtroom after taking plea, he was confronted by relatives led by Anita, her sisters and brothers-in-law.

Vitalis Kimutai | Nation Media Group

Dressed in a black jacket zipped up to the neck, and a hood hanging on his back, Tonui, who is 50 years old, wore a blue mask that covered half of his face.

He spoke only twice when asked the language he preferred to use and while answering to the charge preferred against him by the State, which carries a life sentence upon conviction.

Unlike when he appeared in a Sotik court shaken and unkempt following his arrest a week after being on the run, Tonui was well groomed with his thinning hair neatly combed.

When the charge was read to him after prosecutor George Mureithi tabled in court a medical report that said the suspect underwent a mental test and was confirmed to be of sound mind, he looked directly at the court clerk.

Tonui denied the charge and his lawyer made an application for his release on bail.

But the prosecutor opposed the plea, saying Tonui was a flight risk and that tension was still high in the village where the alleged murder was committed.

The suspect Robert Kipkorir Tonui in court.

Vitalis Kimutai | Nation Media Group

“Releasing the suspect on bail will pose a risk to his life as tension is still high in Seanin village where the crime was committed. Two of the witnesses are the accused’s children and there are high chances he will interfere with them if released,” Mr Mureithi argued.

Justice Korir directed that the suspect be held at the local prison until November 12 when a probation report on the suitability of his release on bond will be tabled in court.

After the court session, drama ensued outside the courtroom when the deceased’s eldest daughter, Anita Chelangat, wailed uncontrollably and hurled insults at her father.

As soon as Tonui was whisked out of the courtroom after taking plea, he was confronted by relatives led by Anita, her sisters and brothers-in-law.

With his head downcast and a mask hiding his facial reaction the suspect, without saying a word, boarded the waiting police vehicle.

Tonui’s daughter was pulled away by relatives and taken outside the court precincts to the main road some 30 metres away and was put in a relative’s vehicle where she collapsed on  the front seat.

Anita was restrained in the vehicle until the police vehicle ferrying her father to the local prison, some 400 metres away, sped off.

“Why did you kill our mother? Why did you make us part orphans after all the years of psychological torture? Who will take care of us? Her spirits will hound you to the end,” Anita shouted as members of the public and court orderlies surged to inquire what the drama was all about.

During Emmy’s funeral, relatives said that on the fateful day, elders and local administrators had tried to reconcile the couple but Tonui declined to participate in a meeting at his home.

He allegedly later followed his wife to her parents’ home where he attacked her.

BY NATION.AFRICA.

Continue Reading

Courts

Catholic Priest on death row sues State, challenging confession law

Published

on

Incarcerated Catholic priest Guyo Waqo Malley is back in court seeking to outlaw a law which gave him away for the murder of a colleague working in Isiolo.

Father Guyo alongside Adan Ibrahim Mohammed, Mohammed Molu Bagajo, Roba Balla Bariche and Mahati Ali Halake are serving time at Kamiti Prison after they were sentenced to death in 2014 for the murder of Father Luigi Lucati.

Father Lucati was killed on July 14, 2005. Their jailing followed a confession by Isaack Abdi Mohammed on how the plot to eliminate Lucati was hatched, failed several times and finally succeeded.

During the trial, the court found the four planned and actively participated in the murder of the Italian priest.

Six years into their sentence, Guyo, Mulo, Roba and Halake have filed a new case before the High Court arguing that confession rules are not applicable to trials in Kenya and.

According to the four, the Out of Court Confessions Rules, 2009, were passed by Parliament without consultations and should therefore be declared unconstitutional.

Spilled the beans

Ali spilled the beans, giving away the convicted priest and his accomplices in a video confession before Justice Weldon Korir who was in 2005 serving as a magistrate in Isiolo.

In their new filing, the four say the confession law is against the right to an accused person to remain silent and not to be forced to self-incriminate.

“It is apparent that in the circumstances that the taking, recording or admission of out of court confessions would be a gross violation of an arrested or an accused person’s rights to remain silent and not to be compelled to make a confession,” they argue in their case filed before High Court judge Anthony Murima.

They argue that the rules are inconsistent with the Criminal Law Amendment Act 2003 and which spell out that confessions or any admission to guilt by an accused person cannot be used against such person unless it is admitted before a court.

The four want the court to declare that the confession by Ali was against their right, hence their trial and conviction was unfair.

“The petitioners pray for a declaration that the confession evidence relied upon to found the conviction of the petitioners should be excluded under Article 50(4) of the Constitution of Kenya, 2010 as the admission rendered their trial fatally unfair,” they argued adding that the High Court had earlier directed the Attorney General to relook the Evidence Act in a bid to make amendments.

The Director of Public Prosecutions Noordin Haji is however opposed to the case and wants the court to dismiss it. According to Haji, the new case amounts to re-opening the criminal trial and would amount to the judge supervising his colleague.

He said that they had initially challenged the admissibility of the confession before the trial court and which then High Court judge Jackton Ojwang (now retired) dismissed their application and ordered the criminal case to proceed.

After the court sentenced Waqo, Mulo, Roba and Halake to death in 2014, they filed an appeal challenging the verdict. The appeal has not yet been heard.

Father Lucati died when a bullet entered through the right side of the shoulder, tore through the neck, shattered his jaw bones, and exited on the left side of his chin.

Former government pathologist John Njue told the trial court that the killer bullet must have been fired from a powerful gun. The priest died from a single shot.

by Standard.co.ke

Continue Reading


poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2020 Calendar

October 2020
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031  
satellite-communication1.jpg

Trending