The court has suspended the prosecution of Murgor sisters, Stephanie and Cheryll, in the assault case involving the Ndichu brothers, Eddie and Paul, at a local hotel that occurred late last year.
According to court documents seen by Kenyans.co.ke, Judge Antony Mrima of the Milimani Law Courts, Nairobi, made the ruling, pending the hearing and determination of a petition filed by the Murgor sisters' lawyer, Philip Murgor.
In his verdict, the judge noted that the petition ought to be presented before the Director of Public Prosecutions (DPP), Inspector General of Police, Director of Criminal Investigations (DCI) as well as the Ndichu brothers within five days.
The Court will deliver the next directions on Thursday, March 31, 2022.
"I have perused the Notice of Motion dated Friday, March 18, 2022, brought under Certificate of Urgency and the Supporting Affidavit together with the annexures thereto. I, hereby, issue the following orders: Prayer 2 of the Notice of Motion is hereby granted."
"The petition and the Notice of Motion be served upon the Respondents and Interested Parties within 5 days," read part of the ruling.
Through their lawyer, the sisters had cited malice in the charges levelled against them by DPP Noordin Haji. The sisters claimed that the act by the DPP was aimed at arm-twisting them into withdrawing their complaints.
"The crude and abusive decision of the first respondent (DPP) and his officers are designed to continue psychological terror on the true victims of the case in order to force them into withdrawing their complaints against the Ndichu brothers."
"The actions of the 1st Respondent (DPP) are illegal and amount to abuse of office for personal benefit, and are unconstitutional as they grossly violate the rights of the Petitioners as detailed in the accompanying Petition," part of the petition.
The Kibera Law courts had initially charged the Ndichu brothers with four counts of assault and malicious destruction of property.
"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, "read part of the charge sheets.
The latest development comes after the DPP recommended that all individuals involved in the incident, be charged, including the Murgor sisters. This is after a review of the file and CCTV footage where the altercation occurred. Haji stated that all the parties involved had cases to answer.
