A criminal case involving Muthambi Ward Member of County Assembly (MCA) Morris Maugu and two other accused persons has taken a new twist after new revelations were made by the defense Counsel, Kirimi Muturi.
While appearing for hearing before Senior Principal Magistrate (SPM) Duke Ocharo at Chuka Law Courts on Tuesday, the defense, while cross examining the complainant, Adam Kennenth Nthiga, revealed that they had enough evidence to acquit the accused persons of the alleged abduction.
The MCA together with the first accused Martin Murangiri alias "Stewart" and second accused Phineas Muriuki alias "Waria" were charged with the offence of abducting in order to subject to grievous harm the complainant, as well as malicious damage to property on 5th August 2023 at Marima in Tharaka Nithi County.
Complainant Cross-examination
According to Nthiga, a Statistician and a Substitute Teacher, on 5th August at around 8:30 Pm, he was attacked and abducted by the first and second accused, and driven to The Orient Hotel in Marima where the third accused MCA Morris Maugu joined them.
At the entertainment joint, Nthiga told the court that he tried to escape but was apprehended by his abductors who roughed him up and upon raising alarm was silenced down by claims that he had stolen a mobile phone thus the commotion.
With the converging mob convinced by the narrative, Nthiga narrated how he was driven to Nithi Bridge View Point by the three accused persons, a location where he was stripped, attacked, his genitals clipped and badly injured.
According to Nthiga, he was later presented to Chuka Police Station as a mobile phone thief, where they were referred to a station in jurisdiction to where the crime had taken place.
He further told the court that they then drove to Mitheru Police Post the same night, where he lost consciousness.
He would later regain consciousness at around 3 Pm on 6th August, and found himself lying in a napier grass plantation.
Defense Theory
Defense Counsel, Kirimi Muturi told the court that Nthiga had entered into discussions with the accused persons after he was caught stealing a mobile phone at Orient Hotel in Marima.
Kirimi further revealed that the complainant undertook to settle the matter and called three persons whom they agreed to meet at Mitheru Police Post to help the accused negotiate and that Nthiga and one other person were offered a lift back to Marima by the accused persons.
Prior to the hearing, the complainant's lawyer, Ms. Nelima having gone through the statements, exhibit and evidence produced had asked the prosecution to amend the charge sheet to include grievous harm but the prosecution, through Mr Mwangi noted that they were ready to proceed and had not received any instructions from the complainant himself to amend the sheet.
Ms. Nelima had also hinted to the court of a possible settlement with the accused persons, which the complainant denied.
Court adjourned and the matter shall proceed for further hearing on 30th October 2023.
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