By Chris Ojow
As his star dogged by several controversies
since quitting praising the Almighty Great God
through his songs in the Gospel industry and
joined the much bashed and loved in equal
measure, secular music industry “genge tone” .
Kenyan Youthful Musician Kevin Mbuvi Kioko
aka Bahati was on Wednesday 11th November
2020 at 12.30 noon summoned by the trial
Court and ordered to appear before Nairobi’s
Senior Principal Magistrate Bernard Ochoi on
Tuesday 25th November 2020 at 9am East
Africa Time.
The Ghetto boy who was born and bread within
the Sprawling Slums of Mathare, Kosovo
Nairobi County Kenya, was scheduled to testify
as the key witness and a complainant in a
criminal case number 130 of year 2020 at the
lower criminal Court Milimani Nairobi County
Kenya before the trial Senior Principal
Magistrate Bernard Ochoi , where one of his
former band member a very Talented promising
20 year old Gospel Musician Peter Mwanyalo
was charged with one count of obtaining money
over two million Kenya shillings by false
Pretence, contrary to section 313 of the penal
code.
The accused former member of Bahati Band
Peter Mwanyalo through a team of his officers
of the Court led by Festus Mbati, Francis
Karanja and Kevin Lumasai raised an objection
before the trial Court, when the second witness
in line, Lawrence Munyao aka Wisdom
“weezdom” was called by the State lead
Prosecutor Senior James Gachoka and took
oath to proceed with his testimony.
The accused Peter Mwanyalo through his team
of defence reminded the Court that the State
Prosecutor breached the Court procedure of
calling witnesses by ignoring the key witness
and allowing other witnesses to testify, where
the accused Peter informed the parked Court
that according to the criminal procedure, it is
the key witness the complainant who must
testify first before other witnesses are called to
the witness Dock, that is after the second
witness Lawrence Munyao was stood down by
Court and summoned issued to former Gospel
musician Kevin Mbuvi Kioko aka Bahati to
appear on Tuesday 25th November before the
trial Court without fail.
Initially the accused Peter Mwanyalo knowing
very well that he was scheduled to appear for
his hearing, arrived very early together with his
team of lawyers Festus Mbati, Francis Karanja
and Kevin Lumasai at Milimani Law Court at
9am East Africa Time on Wednesday 11th 2020
, ready for the proceedings only for the file
number 130/2020 being placed aside after
Singer Kevin Mbuvi Kioko aka Bahati failed to
show up before the Court and no explanation
given to the Trial Court for his absenteeism,
with the State Prosecutor James Gachoka
giving hopes that he has contacted the Singer
and he hopes he will attend his case where he,
Bahati himself is the Complainant.
It is alleged that on 04th July 2019 and 05th
January the year 2020 the accused Peter
Mwanyalo being present at the Ruiru based
Nairobi County Kenya, Eastlands Most Beloved
Studio (EMB) owned by a youthful father of two
singer Kevin Mbuvi Kioko Bahati with intend to
defraud, the accused unlawfully and
intentionally obtained 2,039,000 Kenya shillings
by falsy pretending that he was in a position to
produce music videos with the said Bahati
recording studio EMB, a fact the accused
new was false, with the State Prosecutor James
Gachoka lining up two witnesses Bahati and
Wisdom “weezdom” to testify against the
accused during the trial.
The accused 20 year Peter a promising Gospel
musician who was arrested on 16th January
year 2020 without a warrant of arrest after
being reported by Singer Bahati at the Central
Police Station Nairobi County on allegations of
fraud, was freed on a police bond of 10,000
Kenya shillings and ordered to appear before
the duty Court for plea taking on 23rd January
2020.
The genesis of the ongoing criminal case at
Nairobi Milimani Law Court which is supposed
according to the existing laws of the Country
be filed as a Civil matter at the Commercial
Court because of a dispute in breach of
contract, stated in the year 2018.
Where the accused Peter was called and given
the appointed by Singer Bahati, the two met at
a Hotel within Nairobi along Kimathi Street
Nairobi County, where singer Bahati
accompanied by his Lawyer met the youthful
talented singer and penned down a contract
with the singer for a period of twenty years,
forgetting that the youthful singer who was 18
years by then was not properly represented
according to the law.
Peter signed the Contract with Bahati at a
Nairobi Hotel without proper representation not
knowing that the deadly action he took in
absence of a lawyer would cost his life and by
that time Peter was not financially stable to hire
a lawyer to represent him in Contract signings
since he was very ambitious, talented and fresh
from high school, armed with a deadly great
singing voice and through that opportunity the
accused stressed that Singer Bahati took
advantage of his non exposure situation.
The ongoing case within the lower criminal
Court at Nairobi Milimani Law Court resulted
after the accused Peter decided to breach the
contract signed with Bahati and decided to
follow his dreams by going solo, on the
allegations of fraud which is before Court, the
Singer narrated to the African Times Media
Investigation award winning Photojournalist
Chris Ojow that the allegations levelled against
him are false and Kenyans should be patient
and wait for ongoing trial to know the truth,
Peter confided to African Times Media that his
innocent and the allegations are carefully
schemed by Bahati to destroy his reputation,
since in all the invoices presented before the
court, there is nowhere indicated that he
received any money fraudulently from singer
Bahati recording studio.
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