Five Appear In Court In Connection With Kelson Kimani’s Kidnapping.

The accused Patrick Njoroge, (extreme right), Monica Ndunge, Jacinta Nduta, Faith Nyambura and Susan Gathoni as they appeared in a Thika court to answer charges of kidnapping and robbery with violence.

Five suspects appeared before a Thika Court on Tuesday charged with the kidnapping of 4 year-old Kelson Kimani in Thika Township between the 15th December 2016 and the 10th of January 2017.

Patrick Njoroge Themba, Monica Ndunge Mululu, Jacinta Nduta Mburu, Faith Nyambura Kamwaru and Susan Gathoni Nyambura were arraigned before Principal Magistrate Otieno Omondi with 8 counts, either individually or jointly, of kidnapping and Robbery with Violence.

In the first count, Susan Gathoni, jointly with others not in court, was accused of conspiring to commit felony namely kidnapping a minor Kelson Kimani from his lawful guardianship on diverse dates between 15th December 2016 and 6th January 2017.

The second count stated that the five, jointly with others not before the court, conspired to commit a felony contrary to Section 393 of the Penal code when on the 6th of January 2017, were involved in robbery with violence.

Patrick Njoroge further faces two counts whose maximum penalty is death or life imprisonment. He is accused in Count 3 with Robbery with violence contrary to Sec. 296 (2) of the Penal Code. The charges state that on the 6th January 2017, he, jointly with others not before the court, armed with dangerous weapons, namely a pistol, robbed Catherine Nyambura Njenga Ksh. 300,000 plus other personal documents. He was also accused of threatening to use actual violence to the victim.

The 4th count charged Patrick Njoroge of violently robbing Namunga Ephrance his mobile phone valued at Ush. 60,000 and immediately before that, threatened to use violence.

The 5th count incorporated the five of them for kidnapping Kelson Kimani contrary to Sec. 262 of the Penal Code with intent to extort Ksh. 2.5 million as ransom from Catherine Nyambura Njenga who is the mother to the child.

Jacinta and Faith were jointly charged for concealing the kidnapped child contrary to Sec. 261 as read with Sec. 262 of the Penal Code. They were accused that on diverse dates between the 6th and the 10th of January 2017 in Ruaka Market, Kiambu County, they knowingly had been living with the kidnapped boy with intent to wrongfully conceal his whereabouts.
Kelson Kimani when he was reunited with his family after a four day ordeal.

Susan Gathoni was charged that on the 11th of January 2017, she was found in possession of 7 ID cards, 8 Safaricom and 3 orange simcard holders, 4 Safaricom and 1 Airtel simcards, reasonably suspected to have been stolen or unlawfully obtained.

The final count accused Faith Nyambura and Jacinta Nduta of dishonestly assisting in the retention of a driving licence, an ID card and other personal documents belonging to Catherine Nyambura, contrary to Sec. 322(I)(2) of the Penal Code.

State Prosecutor Minoo Maundu objected any appeal for cash bail saying that the charges were of a very serious nature and the accused were likely to go into hiding. Considering that the four conspirators were still at large and the weapons used in the crime not yet recovered, the prosecutor pointed out that their release was likely to interfere with prosecution witnesses.
She also argued that the complainants were living in fear and apprehensive about their safety. She only found it fit if the accused were released on bond after the testimony of the complainant.

In their defense, the accused dismissed their interference with the case and that they would not do anything to jeopardise the case. Patrick also complained of torture from the investigating officers.

Hon. Omondi set the 24th of January 2017 as the date to determine whether or not to release the accused on bail pending the hearing and determination of their case.
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