• Chief magistrate Ann Mwangi was also informed that the two brothers were in the United States, which is not within Kenya’s jurisdiction.
A Kibera court was on Tuesday informed that one of the Ndichu brothers has tested positive for Covid-19 and could not take a plea.
Chief magistrate Ann Mwangi was also informed that the two brothers were in the United States, which is not within Kenya’s jurisdiction.
The two brothers were to be charged with assault and malicious damage to property when the matter came before the court.
Court prosecutor Jeff Musyoka did not object to the application to defer the plea while the magistrate ruled that there was no indication from the prosecution that the suspects were to appear in court.
“There is no indication from the defence that the suspects travelled out of the country,” the magistrate ruled.
She however directed that the plea be deferred to March 9.
The charge sheet presented to the court said that they destroyed motor vehicle side mirrors valued at Sh87,000, the property belonging to Samuel Dennis Ramdas.
Paul Mwaura Ndichu is said to have assaulted Cheryl Murgor occasioning her bodily harm at the Emara Ole Sereni Hotel in Lang’ata subcounty within Nairobi county.
He is also said to have assaulted Patrick Koech on the same date, time and place.
The charge sheet further said that he assaulted Stephanie Murgor and Chelimo Murgor contrary to the penal code.
Edward Wanyoike Ndichu, on his part, is said to have assaulted Samuel Ramdas on the same date, place and time at the same hotel.
This comes after the file was formally registered after the Office of the Director of Public Prosecution changed the earlier plan and allowed their prosecution on January 7.
The two sisters’ lawyer Philip Murgor and the Federation of Women Lawyers –Kenya protested the move, saying it was aimed at defeating justice, which prompted the new move by the ODPP.
When reached for comment on the same lawyer Phillip Murgor welcomed the news, saying that justice will finally be served.
He said that all along they have been pushing for the justice of the victims and the news was encouraging.