Ndichu Brothers Risk 20 Years in Jail

A file image of Ndichu brothers.
A file image of the Ndichu brothers.
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Eddy and Paul Ndichu are facing several counts of assault and malicious damage to property, according to a new charge sheet filed in court.

The twin brothers were however missing from the Kibera Law Courts on Tuesday, February 8, when they were charged with four counts of assault and malicious damage to property.

According to the charge sheet seen by Kenyans.co.ke, Paul Ndichu is facing assault and causing bodily harm contrary to section 251 of the penal code Chapter 63.

Paul is accused of assaulting Cheryl Murgor and causing her bodily harm at Emara Olesereni Hotel on October 16, 2021.

An undated photo of Wapi Pay co-founder Eddie Ndichu (left) and a screenshot from the scuffle.
An undated photo of Wapi Pay co-founder Eddie Ndichu (left) and a screenshot from the scuffle.
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Paul and Eddy are jointly facing a second count of malicious damage to property contrary to sections 339(1) of the penal code.

They are accused of jointly damaging a vehicle that belonged to Samuel Dennis Ramdas at the hotel. According to the charge sheet, the damages amounted to Ksh87,000.

"On the night of October 16 and 17 within the republic of Kenya, in Langata Sub County at Emara Olesereni hotel jointly, wilfully and unlawfully damaged the right hand and left had side mirrors of the vehicle valued at Ksh87,000," the charge sheet read in part.

On the third count, Paul is being accused of assaulting Chelimo Murgor and on the fourth count, he is accused of a similar crime against Stephanie Murgor.

He is also facing an assault charge against Ramdas and another count against Patrick Kipgetich on the same night. His brother, Eddy is also facing an assault charge against Ramdas.

According to the Penal Code, any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and is liable to imprisonment for five years.

"Any person who willfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and is liable, if no other punishment is provided, to imprisonment for five years," the law indicates. In this case, all counts total to over 25 years imprisonment if argued successfully. 

Senior Counsel Phillip Murgor and his nieces Sheryl Murgor and Stephanie Murgor on Wednesday, October 20, 2021, at his office in Ecobank Towers, Muindi Mbingu Street.
Senior Counsel Phillip Murgor and his nieces Sheryl Murgor and Stephanie Murgor on Wednesday, October 20, 2021, at his office in Ecobank Towers, Muindi Mbingu Street.
Kenyans.co.ke

In December 2021, the Director of Public Prosecutions (DPP) recommended that all six individuals, involved in the scuffle, including the Ndichu twins and the Murgors, be charged

DPP stated that a thorough review of the file and CCTV footage recovered from the premise where the altercation occurred showed that all parties had cases to answer. 

The Murgors' lawyers, however, opposed the move to charge the twins, arguing that the move was tantamount to forcing their clients to withdraw the suit against the Ndichu's.