Protests disrupt presentation of prisoners in courts

The anti-government protests have adversely affected court business within Nairobi where prisoners from Kamiti Maximum Security Prison cannot be transported to attend to their cases due to security fears.

The details of the failure by the prison authority to arraign suspects in courts within Nairobi emerged after one suspect in the robbery with violence case against former Kabete MP, the late George Muchai failed to appear in court for a ruling on bond.

The suspect Simon Wambugu Gichamba's failure to attend court on Monday sparked discontent amongst his co-accused who categorically blamed the prison authorities for not producing him causing a delay in the matter.

"Your Wambugu who is held at Kamiti Maximum Security Prison has not been presented in court. He has caused this case to be delayed. We pray that he be transferred to Industrial Area Remand or we be moved to Kamiti Prison ourselves so that we all get justice expeditious," Stephen Asitiva Lipapo alias Chokori told the magistrate Lucas Onyina.

Following the remarks by Lipapo, the magistrate sought to know why Wambugu was not in court.

In response, Wambugu's lawyer Hassan Nandwa confirmed that Kamiti Prison had not produced his client in court citing security issues.

Nandwa stated that due to the security lapses all suspects held in Kamiti Maximum Security Prison have not been transported to their respective courts to attend their cases.

The magistrate heard that on June 25, 2024 the prison vehicles transporting suspects from Kamiti Prison to various law courts were pelted with stones forcing the vehicles to seek refuge at the Supreme Court for over six hours before they were escorted under tight security.

Nandwa said that some of the prison vehicles along the Thika Superhighway encountered huge groups of demonstrators who stoned the vehicles and almost freed the prisoners most of whom were capital offenders.

Following the disclosure, the magistrate directed the case be mentioned on July 17 for a pre-bail report to be presented and issued a production order for Wambugu.

Wambugu, Lipapo, and his co-accused persons have sought to be freed on bail saying they have been in custody for over nine years after they were arrested following the death of Muchai, his bodyguard and driver opposite Nyayo house.

Defence lawyers told magistrate Onyina for robbery with violence that the High Court has since granted them a Sh1 million bond each for the offence of murder.

The seven who have been found with a case to answer want to be granted bail to be able to defend themselves while out on bond terms.

The prosecution lined up 36 witnesses to prove that the accused robbed Muchai, his two aides Samuel Kalikia and Samuel Matanta, and driver Stephen Wambugu their personal items and firearms.

They are also accused of violently robbing Gladys Waithera of a motor vehicle worth Sh600,000 at Green Belt estate in Wangige, Kiambu County, while armed with a G3 rifle and pistols, jointly with others not before the court.

They are further accused of stealing other valuables from the complainant, who was also threatened with actual violence.

They allegedly robbed several other victims on similar dates among them one Michael Gituto of a vehicle and personal property all worth Sh416,000 on February 6 along Waiyaki Way.

They are separately accused of murdering Muchai and his two aides on the night of February 6 and 7, 2015 on Kenyatta Avenue.