BY SAM ALFAN.
The Director of Public Prosecutions (DPP) Keriako Tobiko has been given three weeks to give his final word on whether he still intends to proceed with a firearm case against British businessman, Richard Alden who also faces a separate murder charge.
Milimani Chief Magistrate Francis Andayi said the DPP should give directions on the matter. This is after the prosecution told the court that the DPP recalled the file three months ago.
Alden who is also on trial for the murder of his Kenyan mpango wa Kando (lover), Grace Wangechi Kinyanjui, at his Karen home in Nairobi county, through his lawyer Pravin Bowry, told the trial court that he is ready to proceed with his trial and blamed the prosecution for delaying the trial.
Alden has denied killing Wangechi , 42, at Windy Ridge Road , Karen on June 4, in Nairobi county. The murder trial is still pending before the high court.
When the firearm case came up hearing yesterday, the court was informed that the police file was been forwarded to the office of DPP for review for making “further directions.”
The prosecution said that witnesses had not been called to testify”since they’ve not received any directions on the police file forwarded to the DPP.”
The file was forwarded to the DPP early March this year.
Yesterday, trial magistrate Andayi said that the prosecution is delaying the matter.
Defence lawyer Bowry said by delaying this matter his client’s life has come to a standstill due to the bail terms.
“Failure to bond witnesses is taking the court and the defence for
granted, the prosecution should have bonded witnesses since most of them are Nairobi based,” he said.
He said the Briton cannot travel outside the country, cannot do business as his passport has been impounded in court.
A letter produced in court from the DPP sought three weeks for the
decision on whether the case be withdrawn or to proceed for hearing.
In the murder case at the high court the DPP has already rejected an application by the family of the deceased to allow them an out court settlement.
The high court set the hearing of the murder case for June 2 to 6 2017 while the firearm case will be mentioned on June 16 2017.
Alden has denied the charges of being in possession of ammunition
without firearm certificate, making a document without authority and forging a firearm certificate purporting to be genuine and valid
certificate issued by Central Firearms Bureau.
Yesterday, an application lodged by Bowry on behalf of the businessman that his bond terms be reviewed in light of the history of the case was rejected.
Police launched a murder inquiry against the Briton after doctors reportedly found the deceased had injuries that raised suspicion.