Update: Friday, April 1: Paul and Edward Ndichu's lawyer, Edwin Sifuna, has refuted reports alleging that a warrant of arrest was issued against his clients.
"These reports are erroneous and malicious, as no such warrant of arrest has been issued by any court.
"In fact, the earlier arrangement of Paul Ndichu has been found irregular with the court now directing the same be taken afresh," an excerpt of the statement sent to media houses read.
A Kibera Court has issued a warrant of arrest against Ndichu brothers Eddie and Paul for contempt of court in connection with an assault case.
While issuing the orders, at the Kibera Law Courts, Chief Magistrate Ann Mwangi, noted that the Ndichu brothers failed to appear in court, without reason.
Mwangi noted that the two defied an earlier court order asking them to attend the proceedings for the mentioning of the matter.
"The accused persons are not in court despite an order that they avail themselves today. Since 11 am is not a convenient time to mention the matter and the accused persons are not in court, I proceed to Issue a warrant of arrest against each of them," the magistrate noted.
An advocate who held a brief on the matter told the court that the two could not appear in court because their lawyer, Njenga Nyenge was engaged in another matter at the High Court.
While the prosecutor asked the court to have the session postponed until 11 a.m, to allow Nyenge more time, the defence advocate pleaded for a later date.
"I do not have written instruction on the matter but Nyenje is before the High Court. We pray for a later date," the defence pleaded.
The Ndichu's have failed to appear in court for the third (Paul) and fourth (Eddie) time respectively. The two are facing charges of assault and damage to property.
Eddie missed the last session claiming he had been diagnosed with Covid-19 and is yet to take a plea. On the other hand, Paul pleaded not guilty to assaulting five individuals and causing malicious damage to property and is out on Ksh100,000 cash bail.
On March 22, Judge Antony Mrima suspended the prosecution of the Murgor sisters, Stephanie and Cheryll, in the assault case involving the Ndichu brothers, pending the hearing and determination of a petition filed by the Murgor sisters' lawyer, Philip Murgor.
Mrima 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.
