POLICE have been blocked by court from prosecuting Kilome MP John Harun Mwau’s bodyguard and driver. Police wanted to take driver John Mbugua and bodyguard James Kinyua to court for giving false information over a shooting incident in Nairobi’s central business district in June.
However, detectives handling the case were slammed with a conservatory order in July, according to officers from the Central Police Station. In June Director of Public Prosecution Keriako Tobiko instructed Police Commissioner Mathew Iteere to arrest the two for falsely claiming that they were shot at while driving along City Hall Way.
But yesterday detectives assigned the case said they are now unable to carry out further investigations. “They (Mwau’s driver and guard) quickly filed for court orders claiming their prosecution was malicious. We had nothing to do but comply,” said a senior CID officer privy to the Mwau investigations.
Yesterday, Tobiko confirmed that the police and his office were served with the orders. “We have vigorously challenged the case in court. The High Court stayed the prosecution and November 7 is the day set aside for the hearing,” stated Tobiko. According to police records, the High Court issued temporary orders stopping the DPP from taking the legislator’s driver Mbugua and the bodyguard Kinyua to court for giving false information to police.
Their lawyer David Oyatta then obtained the orders stopping their prosecution until their claim of malicious prosecution is heard. Oyatta told Justice Fred Ochieng that the DPP and the police wanted Mbugua and Kinyua charged on grounds that do not constitute any criminal offence under the law. The police began investigations after the two aides reported that Mwau’s car was shot by unknown assailants on June 23 while being driven by Mbugua along City Hall Way.
The MP was not in the vehicle at the time of the alleged incident. Iteere twice inspected the MP’s grey Range Rover 4.0 HSE personally at the Central Police station. He said that it was inexplicable that gunmen could have fired six bullets at the moving car; hit the driver’s door shattering the window; ripped the handbrake lever cover; and hit the front passenger side without injuring either the driver or the bodyguard in the vehicle. Mwau had earlier claimed that his life was in danger after President Barack Obama named him and Kenyan businesswoman Naima Nyakinywa aka Mama Lela among the seven top drug lords in the world in June.
The driver and bodyguard managed to obtain a court order just as the police were forwarding the case file to the Director of Public Prosecution for further guidance. They were to be charged under section 169 of the Penal Code which says that “whoever gives any person employed in the public service any false information which he knows or believes to be false … is guilty of a misdemeanor and is liable to imprisonment for three years”.