Robert Muli Matolo,a judiciary official who worked at Kilungu law court at Milimani high court .He was charged with sending offensive text Messages to a member of his family.
BY SAM ALFAN.
Suspended judicial officer has lost bid to have his criminal case terminated on grounds that the prosecution failed supply him witnesses statement from pone witness.
Criminal appeal judge Justice Grace Ngenye Macharia , dismissed the application by Robert Muli Matolo who he is charged with sending offensive text messages to John Kikunzi Kivanga.
The judge said that accused before the chief magistrate court had objected the production of data from Safaricom that was to be adduced police expert Hannington Chumba.
The police is prosecution witness number three, whom the judge found that his evidence is crucial in determining the criminal case.
Justice .Macharia, said without the production of the information from mobile service provider the trial court will in a position to make an informed decision for both prosecution and the accused.
“It’s the data that will confirm that indeed the accused used his mobile to send the offensive message which he has denied” the judge said.
The court directed that prosecution do recall witness number three the police officer has its witness.
She said that the prosecution to furnish the defence with witness statement and documentary evidence that it shall rely on within a period of seven days.
The judge further said that defence be at liberty to apply to recall the two witnesses who have already testified for further cross examination either before or after the third witness has given his evidence.
She directed that lower court file be remitted to the trial court for mention on 27 October 2015 before the chief magistrate for directions as to the hearing.
The accused was an employee of the judiciary based ar Kalungu law court; he held a position of executive officer.
The prosecution accuses him that on 11 September 2012 at around 1.00 pm by means of a licensed telecommunication system the Safaricom limited using bis mobile sent offensive text message to Kivanga.
“Your sum is equal to zero and a minus, yes bar zero, below zeros, you have nothing to offer at all, at all, even cold air, you are only 38 years old with nothing to offer only as a tenant in this world, see you in court bye for now” the accuse is said text the message
The judge his finding from the appeal said such offence need to be heard by the court by way of evidence and documentary.
