BY NT CORRESPONDENT.
The hearing of the criminal case in which two people are accused with the attempted murder of former Garissa County finance executive Idriss Mukhtar has been fixed for February 2019.
Trial Magistrate Francis Andayi directed the case to be heard on 6th and 7th February.
Mohammud Hussein Aden and Juliet Charity Njoki are accused of attempting to kill Mukhtar and his lawyer Charles Kanjama.
The two denied the charges and are out on a cash bail of Sh 500,000 pending the conclusion of the case.
Court heard that twenty five witness statements and fourteen exhibits are ready. The prosecution however informed the court that forensic investigations are ongoing and they intend to add eleven more statements upon once investigations are done.
The defense informed the court that they are yet to be supplied with the statements the prosecution intends to use against their clients.
Lawyer Dunstan Omari representing Aden told the court that they will take instructions from their clients on how to proceed once they are supplied with the documentary and statements.
He also informed the court that at the time of arrest, Sh 400,000 cash, two phoned, ATM cards, National Identity Card and a motor vehicle belonging to his client was confiscated by police and would like them released if they were not part of the exhibits.
Njoki’s lawyer Sam Nyaberi also requested the court to order the release of her two phones and National ID if they were not part of the exhibits.
The court heard that the two are unable to access their monies or carry out day to day transactions without their IDs.
However, according to the prosecution, the items confiscated from the accused are part of the exhibits. Mohammud Lexus car and money are part of exhibits. Court further heard that Njoki can collect her ID from the police but Aden’s is to subjected to further verification since he is a former military officer.
“We need a maximum of two weeks to verify the ID of the 1st accused since wee need clarification from the Kenya Defense Forces (KDF),” the prosecution submitted.
Aden and Njoki are alleged to have committed the offense on 19th August 2018 at White Star restaurant along Kandara road in Kileleshwa, Nairobi, jointly with others not before court.
On Monday Nairobi Magistrate Court dismissed Director of Public Prosecution application seeking to put an accused in attempted murder of former Garissa Chief finance executive Idris Muktar under witness prosecution.
The accused Mohammud Hussein Aden said he was not interested in protective custody as offered by the prosecution in their Application to review bail or bond terms.
Chief Magistrate Francis Andayi Court directed that since the accused had made his decision then the Application by the Prosecution is dismissed.
Lawyer Dunstan Omar opposed prosecution application and the court agreed with defence.
“The accused must be protected like any citizen. He is an accused person not a witness”. Said Omar lawyer.
DPP through senior deputy director of public prosecution Catherine Mwaniki,filed a certificate of urgency urging the court to review bond terms by putting the accused on custody or under witness protection pending conclusion of the trial.
The prosecution claims the accused , Mohammud Hussein Aden’s life is in danger and will be safe if under protection or in custody pending the hearing and determination of their case.
