Police Constable Festo Akula was among the suspects behind the gold scam business and having forged bank notes who were arrested in Garden Estate within Nairobi county and charged in court.
He was charged alongside Liberian national, Roland Johnson, Joseph Gikonyo, Alice Kavata, Ian Wekesa Mulongo and Dancun Muchai and Cameroonian Nelson Fru Che who denied the charges and were freed on bond.
The hearing of the case was to commence on Friday after being pending in court for more than a year but it failed the defence claiming late submissions of some documents by the prosecution.
June Ashioya the defence lawyer to the accused persons submitted before the Milimani principal magistrate Geoffrey Onsarigo praying the matter to be adjourned claiming there was a delay in supplying photographs which she claimed to have received two days ago.
Ashioya prayed for at least two months for what she told the court to prepare for the hearing citing that the photographs are over 500 and need to be scrutinized to defend her clients,
“Your honour I pray for at least two months to prepare ourselves before the hearing commences since we received the photographs on a very short notice,” Ashioya prayed.
In urging the court for adjournment she told the court that the accused persons have their right to be given ample time for preparation.
Quoting Article (50) (c) of the constitution, the lawyer said the accused persons have the right to a fair trial.
In response, the state prosecutor James Murage objected to the plea by the defence citing that the matter had been dragged by the defence since last year and for a fair trial he prayed the matter to continue,
“Your honour I object the prayer by defence to adjourn the matter for two months since they had been finding delaying tactics wherever the matter came to court,” he urged the magistrate.
Murage told the court that it is over a year since the plea on the matter was taken and for justice to prevail on the complainant the hearing need to proceed.
He informed the magistrate that black and white photographs were supplied several months ago and those claimed to have been supplied 2 days ago were the coloured ones,
“Your honour we supplied the photos sometimes back and those supplied recently are the coloured ones,” he clarified.
The court heard that one of the witnesses in the case Kennedy Akala Alunda who is a retired prison Warden had travelled from Vihiga to Nairobi to testify.
They were also charged with the offence of having forged bank notes contrary to section 359 of the Penal Code.
Separately, Rowland Johnson faced a charge of illegally being in the country while Constable Festo Akula faced a charge of having a firearm without a license.
Ian Wekesa Mulongo was not present in court and the prosecutor told the magistrate that he absconded where the warrant of his arrest had been in course.
He prayed for the warrant of arrest to be extended and prayed for the court to forfeit the cash bail to the state,
“Your honour the the accused absconded the court and he knows the consequences of the same, I pray the warrant to be extended and the cash bail be forfeited to the state,” he said.
He differed with the defence’s claim that the Investigating officer did not address the matter in court to inform his progress since the accused had health complications.
In his ruling, the magistrate considered the submissions by the defence and prosecution stating that he had noted the late supply of the documents and availability of one witness,
“I have noted the submissions by the defence regarding the supply of photographs and that of the prosecution availing one witness who had travelled overnight to testify,” the magistrate said.
The magistrate also noted the absence of one accused person who has not been appearing during the mention of the matter.
In conclusion, he admitted the adjournment of the matter and scheduled for a mention on December 2, this year and extended the warrant of arrest to the absent accused person.
