The son of National Assembly Speaker Justin B. Muturi has been summoned by a court over a pending robbery case.
On Wednesday, July 13, 2022, a Nairobi chief magistrate’s court issued summons against Brian Njoka Muturi to testify in a case he filed after losing Ksh720,000 and a phone.
The trial magistrate Ben Mark noted that Njoka ought to present himself before the court and provide evidence since he is the complainant in the case facing Dennis Wanjiku.
Wanjiku was charged with robbery in 2019 but the case has not advanced much since the complainant has not been showing up for hearings in court and neither has he provided the evidence needed.
The court was told by the prosecution that Njoka had not appeared before the court and when he was approached by the investigating officer he was evasive.
Court documents showed that Njoka Muturi was allegedly robbed of Ksh720,800 by Dennis Murimi Wanjiku on diverse dates between August 22 and 23, 2019.
The matter will be mentioned on September 14, 2022, to confirm whether Njoka is prepared to give evidence.
Njoka risks being charged with contempt of court if he does not appear on the said date.
The law stipulates that a person who is convicted of contempt of court is liable to a fine not exceeding Ksh200,000 or to imprisonment for a term not exceeding six months, or both.
Further, the case could be dismissed since the law also provides that in a case where the complainant fails to appear or to attend that hearing then the court will be at liberty to either acquit the accused person or adjourn the hearing to another date.
"..if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall thereupon acquit the accused."
"Unless for some reason it (the court) thinks it proper to adjourn the hearing of the case until some other date, upon such terms as it thinks fit," Section 202 of the Criminal Procedure Code states.
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