BY IRENE ONYANGO.
A former judge and his partner facing allegations of stealing over Sh6 million from a client will be charged next month.
Robert Mugo Mutitu and John Njoroge Thiong’o will plead to the charges on July 6 after Milimani Chief Magistrate Wendy Kagendo deferred the case. This is after one of the duo failed to appear in court for the plea taking.
The two lawyers are accused of stealing Sh6,850,000 from Jane Wangui Wahome. It is alleged that they committed the offence on diverse dates between April 22 and May 19, 2021 in Nairobi, being the agents of Wangui.
According to the charge sheet produced in court, Mutitu and Thiong’o allegedly conspired to steal the money, which the client had paid for the purchase of a piece of land.
Mutitu who was axed from the Judiciary in 2003 during the judicial purge that saw 23 judges leave the bench unceremoniously.
Their lawyer Kirathe Wandugi requested the court to defer plea taking for about three weeks, saying one of the accused persons had travelled outside the country to see his family.
The lawyer also said that during this time, the parties will explore ways of settling the case out of court as considerable steps have been made towards an amicable solution. “We want the plea deferred for about 3 weeks to enable them reach a conclusion,” Wandugi told the court.
Wandugi further said Mutito is a senior citizen in active private practice and a former judicial officer and would always avail himself in court when required.
However, the prosecution opposed the application on grounds that the matter had been pending for over a year, with no settlement. “As much as we encourage Alternative Dispute Resolution and would wish the matter to be settled out of court, the complainant is in court and wants the matter to proceed,” the prosecution added.
The court was told that the police have been trying to trace the former judge for the last three weeks, while Thiong’o is still on the run. He requested for a warrant of arrest to be issued.
Wandugi reiterated that they are not aware of any efforts made to summon Thiong’o. “If he had been summoned he would have certainly appeared,” Wandugi said.
The court heard Mutito is in active private practice and was in court yesterday but nobody told him he is being sought.
Thiong’o, whose wife works for the High commission in Tanzania, will be back in about three weeks, he said.
Mutito was released on a cash bail of Sh100,000 pending plea taking
