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