BY SAM ALFAN.
A United Nations Environment Programme (UNEP) official accused of beating and causing bodily harm to his wife three years ago is out of the hook after he was acquitted by a Nairobi court.
Alphonce Kambu obtained a relief after his wife Ruth Gakii withdrew the charges against him.
Gakii told Principal Magistrate Kennedy Cheruyiot that they had reconciled and forgiven the man who was the father to her child.
“I have decided to withdraw this case against the accused because I have forgiven him and he is the father to my son,” said Gakii.
The prosecution did not oppose the Gakii’s application saying they had instructions not to do so.
“Having considered the application by the complainant I find the reason given for withdrawal of the complaint as reasonable. I allow the withdrawal of the case and acquit the accused person,” ruled Magistrate Cheruyiot.
He directed that the sh 10 million bond with a Kenyan Surety of a similar amount and an additional cash bail of sh 2 million and travel documents deposited to court to be released back to the accused person.
Kambu had been charged with causing grievous harm to Ruth Gakii Samwel on October 18 at Jacaranda Estate in Kasarani within Nairobi County.
In an incident filed under OB number 59/18/10/2015 and reported at 2200hrs at Kiamumbi Police Station onOctober 18th, Gakii claimed she had a reason to believe her husband wanted to use their four-year-old son for human sacrifice.
Gakii sort medical attention at the Nairobi Women’s Hospital.
Kambu, worked with the United Nations Environment Programe (UNEP).
After he was charged, DPP had objected to his release on bail arguing that the accused was likely to obstruct the case or interfere with witnesses.
“The lady who was employed by the accused to assist the victim as a house help is still staying with the accused. There is a possibility that he will interfere with her evidence,” DPP had said.
The prosecutor added that UN staffer after he allegedly committed the offense he went underground and was not cooperative with the police.
The application was dismissed by then Chief Magistrate Daniel Ogembo who noted that there were no compelling reasons given to warrant the court to deny the accused bail.
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.
Kambu defence team had alleged he enjoys immunity but prosecution told the court he didn’t.
“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 TIMEZ 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.
