After my release on a 10,000/= bail on Friday at 8.30 pm. We left for The Kenya National Theatre, Wasanii Restaurant… We had to strategise for the Monday 9th July date at the court. The weekend saw us have meetings with various groups of people and I must say that the support was overwhelming.
Monday 9th July, 8.27 a.m. with a sizable number of people from across the board, we arrive at Kibera Law Courts. My lawyer, Chacha Mwita, coutersy of The Kenya Human Rights Defenders has to make an appearance in Garrissa the same morning hence he is to send someone to hold a brief on his behalf. Unfortunately, Lawyer Kevin Seda who is supposed to stand in for Chacha encounters some small problem and has to delay… Phone calls here and there, within no minute, Akiba Uhaki thanks to Kepta Ombati has gotten in touch with others and with Chacha’s help, Lawyer Miinda Riechi will be available to hold the brief. Having sent out the word, another lawyer, Nancy is also brought to our services by on Douglas Mitchy and we are good to go.
Just before that, The CID Officer who arrested me, “The Sura Ya Example” whose name I have come to learn is PC Mbuvi is here. He calls me and informs me that “Kijana, niko na pesa yako ya bond hapa. Fanya hivi, twende ni withdraw nikupatie unipatie hiyo receipt ili nikuhand over kwa mwenye ata shugulika na maneno yako”
Shock on him, I insist on going with him in company of two other people, Benedict Wachira (Mamluki) and Tony Mboyo (Kasmall). We come to realize that this guy wanted me to be locked up at the courts cells so that I be brought in to the court as if I was from the police station or remand. A slight scene ensures and he gives up on his quest..
“Huyu Mjaluo anajifanya anajua Sheria… Sawa tu” he announces to his fellow officers.
At this point, we decide to go to the registry to enquire which court we will be going to. Well, we are shocked to realize that our case is very confusing even to the judiciary staff. One it is categorized as a “petty offense” yet the case is with the CID, as per my Cash Bail Receipt. The staff deliberate among themselves and settle for Court 4. But there is a problem, there is no charge sheet. Hehehe. So we wait as they try to get the arresting officer.
As we go downstairs, we meet the officer carrying a blank charge sheet running up to the registry and yes… our fears are confirmed. When the guy wanted me to be locked up, he wanted to have a different charge imposed on me that is why he was willing to go the extra mile to refund my bail yet the bail is supposed to be refunded from the Police Station by The OCS. We got you bro… You don’t seem to be very prepared for this. Coz you neither have my phones which you insist are an exhibits nor my other personal belongings coz he says they are at the station… My lawyers have to do other stuff as we wait. The Court starts and the first session ends without me being called, halfway the second session, my charge sheet arrives…
The charges are read to me and I’m shocked. Having been informed that the CEO of the Kenya Film Commission had said that I wrote to him a threatening text “I WILL TAKE YOU SIX FEET UNDER” the charge sheet has the following text..
“Dear Sir, As I earlier siad, my sources are not people within the commission, so kindly stop victimizing your staff. You are giving me more reason to wand to take you down”
My lawyers object to me taking a plea and an application is made to that effect, they give reasons which the prosecutor insists have no base and the Magistrate Mr. D.O. Onyango decides that he will make a rulling on if I can take a plea on Monday 16h July… That is next week.
I appreciate the support that you have all showed and I strongly believe that the future of this country is with us, the young people and we cannot wait any longer for “tomorrow”.
As I write this, there are new developments that have taken place and I’m heading into a meeting whose resolutions might be subjected to public domain or might not be… But somehow, you will have to know about them in due course.