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The Nairobian

Judiciary official jailed for failing to produce Sh13m exhibit in court

National

By Nancy Gitonga | Jan 17, 2025

**George Gitau Maina, one of the suspects in the Dubai Mall heist of 2018, at Milimani Law Courts, Nairobi. Gitau was acquitted last year for lack of evidence.** [File, Standard]

A Deputy Registrar of the High Court, Joseph Kiverenge, has been jailed after failing to produce Sh13.3 million in exhibits recovered by police from two suspects.

Kiverenge served seven days in jail from January 3 to 10 after he failed to produce the money before Alexander Muteti.

This was in an appeal lodged by the Director of Public Prosecutions (DPP) at the Milimani Law Courts challenging the acquittal of the two suspects behind the infamous Dubai Mall Heist of 2018, which saw a staggering Sh140 million stolen.

The money, originally held as evidence in a criminal case involving two suspects, was crucial to the case, but Kiverenge’s failure to present it before the High Court led to his imprisonment.

The funds in question were recovered by police in 2018 from Rebecca Mueni Musau and other suspects acquitted last July by Milimani Chief Magistrate for lack evidence.

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The heist itself involved the theft of five million Dirhams (approximately Sh140 million) from Dubai’s Transguard Company.

Mueni and her co-accused, George Gitau Maina, were arrested after fleeing Dubai.

Upon Mueni’s arrest in Kenya, police seized the millions from Mueni and Gitau at their houses, which became a focal point in the subsequent criminal case.

On July 10, 2024, a Milimani Senior Principal Magistrate, Robinson Ondieki, acquitted Mueni and Gitau, citing lack of evidence.

The trial magistrate had ordered the return of the recovered Sh13.3 million, but when the money was required for verification as part of the appeal process by the DPP, Kiverenge, responsible for safeguarding the exhibit, failed to produce it.

Despite repeated warnings from Justice Alexander Muteti of the High Court Criminal Division, Kiverenge did not comply with the court’s directive.

Kiverenge, who is currently a Deputy Registrar, Employment and Labour Relations Court (ELRC), had been given by Justice Muteti up to January 3, 2025 to avail the money.

But Kiverenge defended himself saying he had since been transferred from the Criminal Division of the High Court to Labour and that the money is available.

Kiverenge’s lawyer, Stanley Kang’ahi, explained the delay, stating that the key to the safe containing the money was held by a junior staff member who was on leave.

“I urge my lordship to indulge Kiverenge up to January 13, 2025 when the staff who is keeping the key to the safe is back from leave,” Kang’ahi told the judge.

However, Lawyer Ishmael Nyaribo, representing Mueni, opposed this request, saying the money was crucial to his client’s case and must be verified without further delay.

Nyaribo said police recovered Sh13,300,000 from Mueni and Sh240,000 from Gitau on November 4,2018 at Mwihoko Village at Githurai 45 in Kiambu County.

“All l need is for the court to satisfy itself that all the money Sh13,130,000 recovered from my client is there and is safely kept by the Judiciary,” Nyaribo told the judge.

When Mueni and Gitau were charged Kiverenge was the one entrusted to keep the money in a safe at the Judiciary.
The money was produced as exhibit before Ondieki during the hearing of the case by the investigating officer Emmanuel Ng’etich of the Directorate of Criminal Investigations (DCI).

Nyaribo insisted the money should be presented before the High Court, failure to which Kiverenge would be committed to jail for defying court orders.

On December 31, 2024, Justice Muteti had directed Kiverenge to present the money failure to which he would be committed to jail for contempt of court. On Friday last week (January 3,2025) Kiverenge failed to avail the money.

Justice Muteti found Kiverenge in contempt of court and sentenced him to seven days in jail.