WITNESS STATEMENTS STOLEN FROM POLICE FILE

WITNESS STATEMENTS STOLEN FROM POLICE FILE

By Chris Ojow

The Court was informed by the State prosecution that the witnesses statements were stolen from a police file number 1947/2015 in a case where Moses Kuria was charged with incitement to violence.

Gatundu South National Assembly Representative through his officers of the Court submitted an oral application urging the trial Court to acquit the accused under section 202.

Section 202 states that if the State is unable to proceed with the case, and has not supplied the accused with the witnesses statements, delaying the trial.

Moses through his lawyers further filed a complaint urging the Court not to adjourn the case since the State has allegedly failed to proceed with the case.

The Court was also informed that the file 1947/2015 had been handled by three Investigating Officers who were also absent in Court.

Moses Kuria was charged with incitement to violence contrary to Section 96 (a) of the penal code in the year 2015 in November.

It is alleged that on the 26th day of June 2015 at Gatundu Stadium in Gatundu Town within Kiambu County Kenya without lawful excuse uttered words ” if I get a person, you and that is why I said, you should come with your pangas, these pangas are not for only clearing, have you heard? A person like that you should slash and finish him” words which indicated it desirable to bring death and physical injuries to persons in Kenya.

Appearing before Nairobi’s Milimani Senior Principal Magistrate Kennedy Cheruiyot, where the trial magistrate issued orders that the Court be furnished with a report on how the witnesses statements were stolen from the file and also issued the Last adjournment in the matter.