Othaya polls petitioner Peter King’ara failed for the second time to appear before Chief Magistrate’s court in Kibera to plead to criminal charges brought against him over the use of abusive language towards Cecil Miller’s court assistant.
BY SAM ALFAN.
City based lawyer and Othaya polls loser Peter Gichuki Kingara failed for the second time to appear before Chief Magistrate’s court in Kibera to plead to criminal charges brought against him over the use of abusive language towards Cecil Miller’s court assistant.
Lawyer Wandugi. K. Kiraithe pleaded with senior resident Magistrate Miresa Opondo to have the warrant of arrest issued against Kingara lifted, but the same was declined on grounds that the subject was not present in court.
Mr wandugi told the court that his client has not been informed of the existing warrant of arrest nor was aware that he was required to appear in court.
He said that since the warrants were issued Mr Kingara has been allegedly harassed by the police who want to execute the court orders.
Mr Kingara’s alleged to have abused Mr Sollo Spear Nzuki court assitant to Mr Miller on 6 October 2014 which incident occurred outside commercial court in Milimani.
The complain was lodged at Kilimani police station on 9 October 2014 by Nzuki and senior partner at law firm of miller Mr Peter W. Wena.
Kingara had turned for the mentioned of commercial dispute between Erdemann Properties which he represents against Kenya Railways Corporation where Miller is the advocate on record, the matter was before Justice Eric Ogola.
The embattled lawyer is said to have gotten wind of the summons to appear before criminal investigation department at Kilimani police station, he immediately filed criminal application seeking to stop arrest and possible prosecution.
Justice Luka Kiemaru who heard the application ex-parte issued the orders requiring Mr. Kingara to appear before the investigating officer Kilimani police station on 23 October 2014 at 2 PM without fail and he was required to corporate with investigators.
The judge further directed that upon representation he was to be released on personal bond of Sh 100,000 which he was to execute the material day.
Justice Kimaru further directed that they would be accused was not be arrested by the police pending conclusion of the investigations. The court also observed that if the police decide to charge Mr Kingara, he was to present himself to court, where the court hearing the case was deal appropriately with the issue of bail.
Elsewhere in the high court today, Kingara’s petition came for mention before Justice Ngugi Mumbi for directions but the court was sterned that the applicant had filed other two judicial review applications now pending before different courts in which restraining orders against the director of public prosecution, Inspector general of police and director of criminal investigation were declined.
Justice Mumbi questioned why there were similar applications seeking same orders were filed and have been disclosed to court.
Kingara’s lawyer Thumi Kabue was forced to withdraw the petition that came for mention before Judge Mumbi, but the court slapped the applicant with cost against the DDP, CID and IGP.
Kingara’s criminal case in Kibera laws court will be mentioned on 31 October 2014.