BY SAM ALFAN.
A Nairobi court has this afternoon withdrawn criminal case against Bishop Margaret Wanjiru. This is after the court was told that parties in the case have settled out of court the matter.
The charges were withdrawn unconditionally under section 204 of the criminal procedure code.
While withdrawing the charges Nairobi chief magistrate Francis Andayi ruled that the constitution allows cases to be resolved out of court.
Wanjiru was in April charged with creating disturbance contrary to section 95 (1)(b)of the penal code argued that her rights to fair trial was infringed.
It was alleged that she intentionally destroyed Jubilee party’s four ballot boxes together with other assorted papers all valued at 30,000 shillings. She was out on cash bail of 100,000 shillings.
High Court has freed Bishop Margaret wanjiru this afternoon been granted a cash bail of 100,000 shillings.
This is after she moved to the higher court under a certificate of urgency through his lawyer Kennedy Ochieng saying that the magistrate court erred in law by detaining her for five days in police custody.
Judge Ngenye Macharia directed that the application be served upon the DPP for inter party hearing on the 10th of May this year.
Wanjiru filed a review of the magistrate orders arguing that the orders infringes on her fundamental rights.
“The applicant is hereby set free upon payment of cash bail of 100,000 shillings,court ruled.”
Nairobi Court had detained Bishop Margret Wanjiru for five days.
“A situation where there’s a threat of witnesses cannot be wished away. And in these case the prosecution told the court key witnesses runaway during the incident and they are yet to be traced and interest of justice will be well served if the court denies bail” said Magistrate.
He further said that though both offences are misdemeanors threat of violence during elections in Kenya is not something to be wished away.
Police had sought Bishop Margaret Wanjiri detained in police custody pending hearing and determination of a criminal case.
In an affidavit, Corporal Shadrack Mbila Police want Jubilee Governor aspirant candidate detained pending hearing and determination of her trial.
According to affidavit by Corporal Shadrack Mbila of Directorate of criminal investigation, the Jubilee governor aspirant was accompanied by a crowd of about 50 people who were rowdy and chaotic and stormed city park polling station in Parklands-Nairobi County.
The court heard that due to fear and apprehension the clerks fled from the scene .due to the tension. The court further heard that the said polling clerks are yet to be traced.
“The accused person is an influential member of the society and there is high possibility of the accused to influence and intimidate the potential witnesses who are yet to record statement.
Shadrack said investigations are still being conducted against Margret Wanjiru and others who are not before court, and there is a likelihood that more charges are going to be preferred against her.
