NAIROBI,Kenya, Dec,1 -Makadara Law Courts Principal magistrate Hellen Okwany dismissed an application by a minor seeking to have a robbery with violence case dismissed after describing him as a hostile witness.
His incessant demand the magistrate said was not valid as the offence was a serious matter and an interest to the state in ensuring safety of the public.
The minor who is a witness, had reported a case to police on December 28, 2019,accusing two people of stealing his mobile phone.
The mobile phone was worth Sh9,150.
In the application the witness, also the complainant recanted his initial testimony saying that the two accused, Hassan Naftali alias Browny and Zachary Nyang’au alias Blacky were not part of the robbery.
His testimony while filing the application was quickly dismissed with the magistrate initially threatening to put him behind bars for 30 days in order to reconsider his application.
The case however proceeded.
The witness’s mother Rose Ogutu, also told the court that he was informed that on the fateful day his son was being assaulted by three men.
One of the suspects was later arrested and taken to the Mukuru kwa Njenga police post by local residents.
Ogutu however told the court she did not see the other assailants as they quickly escaped the scene.
The captured suspect is later said to have pleaded with her to let her go and forgive him amidst an angry crowd baying for his blood.
“I told him the only way I could help him as the nyumba kumi chairperson was to escort him to the police station which he agreed to and we took him there together with the local youth leader,” she said.
Ogutu also wanted the case withdrawn but the same was rejected.
The two suspects who expressed shock that the case was still ongoing now want the witnesses to be cross-examined again.
The case will be heard on May 25,2022.
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