Diabetes, bachelorhood and big family are three factors that saw a chief and bar owner defect from being prosecution witnesses against three suspects who had been charged over a raid on a police station in Murang'a.
The chief and the liquor dealer joined the defence team to plead for the release of the three, saying jailing the three suspects would be unjust.
Mr Julius Muiga Kigechi, Mr Erastus Maina Mugane and Ms Faith Njoki Kariuki had been accused of raiding Karung'e police patrol base in Murang'a County on August 18, 2024 where they allegedly stoned police officers and destroyed properties.
They were charged on September 11, 2024 at Kangema Law Court case ref: E508/24 where area chief, Ms Frasiah Njeri, and a bar owner, Mr Zablon Mwangi, were listed as the complainants and also part of the six witnesses the prosecution intended to rely on to convict the three.
Police charges against the three suspects were that "On August 18, 2024 at around 0950hrs at Karung’e chief’s camp while jointly with others not before court, willfully ad unlawfully damaged two metallic and two wooden doors as well as stoned 84 windowpanes all valued at Sh60,000."
The prosecution listed the properties to belong to the area chief, Frasiah Njeri.
The three suspects were also charged that on the same date "they broke and entered Karung'e chief’s office and stole 11 plastic chairs and other assorted office equipment all valued at Sh20,000."
The third count was that "on the same date at around 1000 hours in Gachiriro shopping centre, they broke and entered Signature Bar and restaurant belonging to Mr Mwangi and stole cash and 105 bottles of varying brands of 250 millilitres spirits all valued at Sh46,345."
Signature Bar and Restaurant belonging to Mr Zablon Mwangi that was allegedly raided by the three suspects.
Photo credit: Mwangi Muiruri | Nation Media Group
The three denied the charges before magistrate Michael Mutegi who proceeded to give each of them a Sh30,000 pretrial bond to participate in the case while free.
It is a case that saw Murang'a County Youth, Sports and Culture Executive Manoah Gachucha rush to the defence of the three, instantly depositing the bond and secured their freedom.
Mr Gachucha is a neighbour to the three suspects in their Karung'e village. The case eventually collapsed on November 11, 2024.
The foundation of the case entailed residents getting incensed that a runaway gang living among them had murdered several people in the past six months with no arrest being made.
It had happened that on August 4, 2024, a popular resident in the area, identified as Mr Jamleck Irungu, had been attacked on his way from a local bar, dying 11 days later at Murang'a Level Five Hospital where he had been rushed while unconscious.
He had last been seen patronising Mr Mwangi's bar and where it was reported that a known village bully was seen assaulting him resulting to the fatal injuries.
Dr Leonard Gikera who received the patient at the hospital said that he was admitted with head injuries.
"We placed him in the High Dependency Unit (HDU) where for 10 days we tried our level best to salvage his life. Unfortunately, he succumbed on the morning of August 15, 2024," he said.
Postmortem report by Dr Kamotho Watenga shows that the victim died of brain trauma occasioned by brunt object force on the head. The report noted that the victim had blood clots in the brain.
On August 18, 2024, rumours spread in the area that a locally known bully associated with the fatal attack had been arrested and was being held at Karung'e police patrol base.
Armed with crude weapons, the residents raided the security facility, stoned the present officers who in turn took to their heels.
The residents raided the cells and after failing to get the suspect who had not been arrested in the first place, left after they had vented their anger on furniture and other office stationery.
The raiders further visited nearby Gachiriro shopping centre and attacked a bar and restaurant before also visiting a nearby homestead and burnt down a suspect’s house.
Mathioya sub-County Police boss Paul Karobia responded by promising that the kind of anarchy witnessed won't go unpunished, vowing to have several suspects arrested and charged in court for what he then termed as taking the law in their own hands.
"I will make it known to all in no uncertain terms that anarchy won't be tolerated. We cannot build a society that uses revenge as a means of justice. That will not be accepted especially where mobs overrun security facilities," he said.
Mr Karobia's statement attracted instant response from Mr Gachucha who in a public address in the area, dared police "to stop the shenanigans and instead pursue the murderous gang".
"We will as a society not accept a situation whereby security officers become lazy, let the society experience runaway crime that is murdering people and when residents stage a protest, they are threatened with arrest," Mr Gachucha said.
This tussle between Mr Gachucha and area police was to play out in the arrests that were made and the eventual arraignment at Kangema Law Courts.
Mr Karobia and Mr Gachucha continued to publicly exchange harsh words, at one time the Irungu Kang'ata minister being threatened with arrest.
But after only after two court mentions (September 9 and October 28, 2024) the case collapsed upon request by Ms Njeri and Mr Mwangi to withdraw as complainants.
In a letter that Ms Njeri drew to the court, she argued that as an administrator who valued alternative dispute resolution mechanism, she felt obligated to help her subjects access justice that leaves them in good stead.
She indicated that she knew the three suspects by name and their families, arguing that if they were to be handed custodial sentences their lives would be devastated.
"About Mr Muigai, he is a father of five young children and they rely on him for their upkeep. Knowing well that he is remorseful, it will be unjust to continue subjecting him to the case that can be healed at the society level," she said.
Ms Njeri further said Mr Mugane was a young man who had before he got into trouble tipped her that he intended to start a family.
The chief observed that it was not becoming to limit the young man from settling down and bestowing upon himself family responsibilities that would humble him.
She beseeched the court to consider the case as that which could be resolved outside court, adding that age felt no need to continue being a police complainant in the case.
On his side, Mr Mwangi submitted that as a businessman who ran five bars in the neighbourhood of the three suspects, he yearned for societal goodwill.
He expressed a need to exercise magnanimity of reconciliation and resolve existing differences outside court.
Mr Gachucha had earlier in his public addresses accused the trader of running illicit liquor trade, vowing to have the businesses inspected and action taken.
He also accused the local administrators of avoiding public participation with residents to discuss critical issue of insecurity, but only rushing to effect what he termed as haphazard arrests once shaming acts of insecurity happened.
The magistrate delivered his ruling on November 11, 2024 where he said the case by virtue of unwilling complainants stood stalled.
"...To that effect, the case stands withdrawn under the Criminal Procedure Code and the accused persons are hereby acquitted, their deposited cash bails be refunded," he ruled.
Immediately, Mr Gachucha went to his Facebook page and posted: "The Kangema law Courts have today dropped the case affecting my fellow villagers after our relentless pursuit of justice that included bailing them out. These innocent people were arrested while protesting against rising insecurity."
He went ahead to demand that "the National Police Service Commission reshuffle Mathioya Sub County security officers since insecurity levels have skyrocketed to unacceptable levels."
He added that "you cannot be quick to arrest those who protest against poor governance while those who murdered their fellow villagers remain free up to now".
Mr Karobia in his reaction said security will be beefed in the area as demanded by the residents, refusing to comment about the collapse of his case.
