ODPP Official on Spot After Suspect Fails To Take Plea

• Last month, the ODPP recommended that the suspect be charged for assault.

A man whose estranged wife assaulted her step daughter confronted the head of prosecution at the Kibera Law Courts on Wednesday seeking justice for his child.

The aggrieved father sought explanation from the prosecution boss at the court, Mr Jonah Meroka why the suspect failed to appear in court to take plea after being bonded by police to appear on March 15, 2023.

The case involves a deputy director in the Nairobi county government. She is accused of allegedly assaulting her step daughter who suffers from autistic disorder.

The victim, a 28 year old girl is a person living with disability, through Autism Spectrum Disorder (ASD). She was reportedly assaulted twice last December by her step mother, sustaining injuries in the neck.

Last month, the Office of the Director of Public Prosecutions (ODPP) recommended that the suspect be arraigned and charged for assaulting and injuring the step daughter contrary to Section 251 of the Penal Code.

READ ALSO: A Senior Nairobi County Official to Appear in Court Over Assault Charges

However, the county official has since then been reportedly enjoying the protection of some police officers at the Nairobi regional command and state counsel in Kibera Law courts.

Yesterday, the victim’s father approached Mr. Meroka at Kibera Law Courts in the presence of the investigating officer, PC (W) Kombe, after it became apparent that the suspect was not in court. 

“I am not happy with the manner in which this case is being handled. Does it mean my daughter who suffers autism will not get justice because her step mother is being shielded by state counsel”?, Said the father.

In response, Mr Meroka retorted that he had instructions from his boss not to take the file to court. The victim’s father asked who the boss was but Meroka claimed he was intimidating him.

“I am not a small man na hutanitishia hata na magazeti”, Meroka rudely shouted to the man, causing a court orderly to intervene.

 At that juncture, the victim ‘s father told Mr Meroka that he only wanted justice for his daughter who was living with disability.

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“I am only here to ensure my daughter gets justice. Why are you acting as the investigator and prosecutor in this case involving my daughter and my estranged wife”. 

The suspect reportedly has a strained relationship with her husband and she has moved out of their matrimonial home in Nairobi’s Runda Estate.

The woman also faces separate charges of making a false report to the police claiming her husband had threatened to kill her together with their children on 9th January, 2023.

She is reportedly tore her clothes in the presence of police officers and her daughter only to claim later that the husband had assaulted her.

The husband claims Mr Meroka was interfering with the case involving his wife. Mr Meroka could be heard telling the investigating officer to listen to his directives.

“Why are you making it so complicated”, he asked the investigation officer in apparent reference to the case file in question. You are an I.O. (investigation officer)….

A short while after the victim’s father left, Mr Meroka was heard instructing the investigation officer to extend the suspect’s bond.

“Extend bond ya huyo mama nitajua vile nitafanya…”, he said. No sooner had he finished with the investigation officer than he made a call to the suspect.

READ ALSO: Three in Custody Over Theft of County Medical Supplies

“Are you coming?…ok…at 11.00 am… your bond will be extended..ok come”, Meroka said in a telephone conversation.

The suspect in the rank of deputy director presented herself at Gigiri Police Station On Tuesday March 7, 2023 the suspect accompanied by her advocate presented herself to Gigiri Police Station after being summoned as required by law.

She was bonded to appear before Kibera Law Courts on Wednesday March 15, 2023 to take plea for allegedly assaulting her step daughter.

But the case failed to take off yesterday and the matter was pushed to 30th March, 2023.

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