DISABLED YOUTH CRY FOR JUSTICE OVER HIS ASSET

DISABLED YOUTH CRY FOR JUSTICE OVER HIS ASSET

By Chris Ojow

The five year journey has been very torture

some, traumatising and very expensive since he

has to cater for expenses in pursuit to seek for

Justice over his hard earned asset which was

allegedly stolen from him by his clearing and

forwarding agent in his 60s.

The biggest challenge currently experienced by

courts Countrywide while communicating to

various parties because of the coronavirus

pandemic, is that the accused allegedly

assisted by lawyer, can deliberately ignore the

Court summons, with an excuse that he’s not at

per with the digital platforms, he was not keen

to check mails, he do not have access to

Internet, his unable to operate or access the

modern/digital technology or through partial

lockdown he’s unable to move freely, only to

evade prosecution and conviction.

Moronya Dennis Chacha, disabled and also an

Officer of the Court is a complainant and the

first witness among four witnesses who were

lined up by the State prosecution to testify in a

criminal offence where the accused his former

agent in clearing and forwarding company

allegedly stole his vehicle Subaru make.

The accused Benson Kamau who was notified

through an email because of the ongoing

partial lockdown of various services caused by

the deadly coronavirus pandemic by the trial

Magistrate Senior Principal Bernard Ochoi to

attend the court for delivery of his Judgment a

week ago failed to honour the Court summons

without any response after the complainant

through an email below requested for speedy

judgement .

From: “DENNIS DENNIS”

Date: 2 Apr 2020 13:09

Subject: SUBJECT: CR.CASE 1099/2018-

POLICE CASE NO.145/78/2018- COURT 11;

B.M. OCHOI- REQUEST FOR JUDGEMENT VIA

EMAIL THAT WAS SCHEDULED FOR 26.

MARCH 2020

To:

Cc: ,

SUBJECT: CR.CASE 1099/2018-POLICE CASE

NO.145/78/2018- COURT 11; B.M. OCHOI-

REQUEST FOR JUDGEMENT DELIVERY VIA

EMAIL THAT WAS SCHEDULED FOR 26TH

MARCH 2020

REPUBLIC……………………………PROSECUTOR

VERSUS

BENSON KAMAU……………..……………ACCUSED

Chief Magistrate , Milimani Law Court-

Criminal Division- Hon. Andayi W. Francis CM.

Dear. Hon. ANDAYI,

With humility, Your Honor. I humbly request for

the judgment delivery via email of CR. CASE:

1099/2018 dated 26th March 2020 in lieu of the

aforesaid subject.

I, MORONYA DENNIS CHACHA…………

COMPLAINANT, A Person with disability

(congenital and permanent) REG/NO.NCPWD/

P/152871 herein , and duly registered as

NCPWD/P/152871 by the National Council for

Persons with Disabilities pursuant to Part II ,

section 7(1)(C)(i) of the Persons with

Disabilities Act, 2003.

With humility, Your Honor, I humbly, do hereby

certify the instant request for the delivery of the

judgement herein to be of utmost urgency

required to be placed before Milimani

commercial court miscellaneous application

NO.970 OF 2017 for release of assistive device

registration number KCE 822M, chassis frame;

bl5-079177, engine number ej20-D336300,

subaru cbabl5 black; OB 37/4/6/2018 currently

lying at capital hill police station imported as

an assistive device to aid me as a disabled for

my use nuance to the PWD ACT OF 2003 NO.14

Please accept, Hon. Andayi, Kindly, my request

on priority basis and my best wishes for your

personal good health and greater success in

the fulfillment of your noble task.

Accused Benson Kamau was arrested on 8th

June 2018 and arraigned before lower criminal

court on 13th June 2018 where he was charged

with two counts of stealing of a motor vehicle

contrary to section 268 (1)as read with 278 (a)

of the penal code and was freed on bond after

pleading not guilty, the accused Benson Kamau

has been taking the court in circles, without

seriousness.

In the email sent to the accused Benson Kamau

by the trial Magistrate Senior Principal Bernard

Ochoi and copied to Chief Magistrate Francis

Andayi, the Complainant, including the accused

Lawyer as read below.

From: “bernard.ochoi@court.go.ke”

Date: 14 Apr 2020 14:41

Subject: judgement : Criminal case 1099 of

2018 Rep vs Benson Kamau

To: ,

Cc: , “fandayi”

,

The above matter refers. Judgement in this

matter was due on the 26th March. Though

ready the same could not be delivered due to

the directives to work from home due to the

corona virus pandemic. The complainant herein

Dennis Moronya has written to the court

requesting delivery of the judgement

considering that the court was to give

directions on the vehicle that was produced as

an exhibit during the hearing of the matter

which vehicle is lying at capital Hill police

station. The court intends to deliver the same

on Friday the 17th of April 2020. Please confirm

the availability of the accused to appear within

the court premises. B.M Ochoi (SPM).

The accused failed to attend the Court for

Judgment on the day he was informed by the

trial court to honour.

The trial Court gave a mention on 24th Friday

April

2020 for the accused to appear for the delivery

of his Judgment, but his lawyer informed the

Court and the Complainant through an email

that he’s unable to trace the whereabout of the

accused and further more he lives in Kajiado

County, Isinya which the jurisdiction bar him

from accessing the Capital City although the

President exempted Kajiado County to be part

of Nairobi in the ongoing partial lockdown,

Where the accused lawyer send an email below.

From: “John Onyancha”

Date: 23 Apr 2020 17:09

Subject: Fwd: judgement criminal case 1099 of

2018

To:

Cc:

From: John Onyancha

Date: Thu, 23 Apr 2020, 17:04

Subject: Re: judgement criminal case 1099 of

2018

To: mainaochoi

I acknowledge receipt, i am making efforts to

trace the client and inform him as such.

Personally i am not able to attend since i live at

Isinya outside Nairobi metropolitan area

meaning i wont be able to proceed on the 24th

day April 2020.

I do immensely appreciate the courts efforts at

expediting this matter during this difficult

period.

Thanking you in advance.

Yours

J. Onyancha Advocate

For the accused.

Upon receiving the email from the accused

lawyer seeking for adjournment that he’s unable

to attend, the trial Magistrate Senior Principal

Bernard Ochoi through an email wrote back to

the parties again informing the parties to

appear for judgment as read below.

On Wed, 22 Apr 2020, 10:41

wrote:

The above matter refers, please note that the

deferred judgement in this matter will now be

delivered on the

24th April 2020. You are duly notified.

Hon. B.M Ochoi (SPM)

The trial Court upon realising on Friday 24th

April 2020 at around 11.43 am East Africa

Time, that the accused Benson Kamau again

failed to honour the judgment day and was

untraceable even through the several email

send before court above through his Lawyer.

The Complainant who expected the court to

issue warrant of arrest against the accused was

informed by the Court through the clerk, that

the court is doing its best to trace the accused

through his lawyer and once the accused is

traced a new date to deliver the judgement will

be announced and all parties will be informed

by the trial Magistrate Senior Principal Bernard

Ochoi through an email.

It is alleged that between March 2015 and 4th

June 2018 at Upper Hill Nairobi County Kenya,

the accused Benson Kamau stole a motor

vehicle registration number KCE 822M Subaru

Black in colour valued at 480,000 Kenya

shillings, the property of Moronya Dennis

Chacha.