United Nations Environment Programme (UNEP) official Alphonce Kambu before a Nairobi Magistrate court.he was charged with grievous harm on Thursday November 5, 2015.
BY SAM ALFAN.
An employee of the United Nations Environment Programme (UNEP) in Nairobi is facing life imprisonment if prosecution proves charges leveled against him.
It’s a discretional minimum penalty of seven.
Article 234 of the constitution state that, “Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life”
Alphonce Kambu is accused on the 18 of October, 2015 at Jacaranda Estate in Nairobi, unlawfully did grievous harm to Ruth Gakii Samwel.
He pleaded not guilty to the charge before Nairobi Chief Magistrate Daniel Ogembo.
However, he was not released on bond after the Director of Public Prosecution applied the accused to be denied bond.
The Prosecution team led by Senior Assistant DPP Jacinta Nyamosi applied the accused be denied bond since he was a flight risk as he may run away to escape charges against him.
“The accused person is likely to obstruct the case and interfere with witness for example a maid who was employed by the accused to assist the complaint as a house girl” Said Jacinta.
He further told the court that Mr Kambu is not a Kenya citizen.
“The accused person is a citizen of PAPUA NEW GUINEA and was a employee of UNEP Giigiri and he’s likely to disobey the court orders when released on bond” said in investigation officer in his affidavit.
The accused lawyer Kiraithe Wadugi opposed the DPP application saying everyone is entitled to bail whether a Kenya or a foreigner.
“The accused have been in Kenya for the last eight years and he has been in a relationship with the complaint for seven years and they have a child together who is three years and half” said Wadugi.
Wadugi further told the court that the accused is willing to continue to cooperate with the authorities and he’s will to appear in court any time he’s need.
He further told the court that the accused was aware of the matter has been reported in Kasarani police station and he never run away as prosecution was trying to demonstrate the accused is likely to run away.
However lawyer Cliff Ombeta acting for the complainant said the accused has been threatening the accused even last night when hews in custody.
“If the accused is let out there today, the victim will live in fear and this may jeopardize her case” said Ombeta.
Mr Ombeta further told the court that, the accused was admitted in hospital and she left the hospital three days ago.
Mr Wadubi told the court the accused has been in touch with the DCIO Kasarani police station and they know the accused lives in four way towers.
He further said the accused was called yesterday by the DCIO to record the statement but he was arrested and arraigned in court today.
Earlier in the day Mr Wadubi had applied the plea to be differed plea because his client is pursuing a resolution of court but prosecution opposed his application.
Wadugi told a court that he is pursuing an out-of-court settlement with his former lover over assault charges.
Mr Kambu is a legal officer in the Division of Environmental Law and Conventions. The UN body pledged to cooperate with the Kenyan authorities during investigations.
“United Nations staff members enjoy immunity from legal process only in respect of words spoken or written, and of acts performed by them in their official capacity.
Mr Kambu is said to have threatening Ruth Gakii claiming to be enjoying Immunity and nothing can be done to him.
But according to the letter obtained by the NAIROBI TIMES from UNEP, Mr Kambu doesn’t enjoy any immunity as he claims.
“UNEP concurs with the Ministry’s assertion that the alleged acts are not covered by the privileges and immunities accorded to the United Nations officials and wishes to assure the ministry of its commitment to fully cooperate with the authorities of the government of the republic of Kenya on this serious matter” state the letter by UNEP.
Mr Wadugi told the court the accused and the complaints has a custody matter in the high court before Justice Musyoka which is in the appeal stage and the accused is fighting for three and half year old son custody.
The boy is said to be in Kambu’s custody until yesterday when he was arrested.
Nairobi Chief Magistrate Daniel Ogembo directed the accused to be remanded at industrial area prison pending his ruling on whether to release the accused on bail or not on Monday.