Lawyer Kigunda Gikunda M’raibuta was arrested on Tuesday evening after attending the funeral of former Imenti Central MP Gideon Mwiti and taken into custody at Muthaiga police station.
During a virtual court session, the lawyer was charged with forging an official document contrary to section 351 of the penal code.
“On the 17th of July 2021 at an unknown place within the Republic of Kenya, You made a document namely ETHICS and ANTI-CORRUPTION COMMISSION PRESS RELEASE purporting it to be a genuine document from the ETHICS and ANTI-CORRUPTION COMMISSION,” the charge sheet read.
The prosecution’s request to postpone the hearing for Tuesday was granted after Lawyer Kigunda Gikunda M’raibuta pleaded not guilty to the charges.
Prosecutor Denox Ondira told the court that the charges the accused person faced touched on a government agency, i.e forging a document purporting that it emanated from a government agency.
“This, your honor, in your submission discredits the agency and lowers the fight against corruption,” Ondira said.
“I have been informed that the investigating officers received credible information that two other suspects who are key in this particular evidence and who have been at large are to be arrested and there is the fear that if then the accused person in this particular matter is released, then there will be interference in respect to the apprehension of the two as they are unknown to the accused person,” Ondira said.
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The defense lawyer told the court that the prosecution failed to explain to what extent the accused person would interfere when he would be released and how he would interfere with the procuring of the other two supposedly suspects.
Prosecutor Denox Ondira, in his response, told the court that the extent of interference that might be occasioned by the accused person was the knowledge of the two other individuals.
“It’s believed that they are known to him,” Ondira said.
The defense lawyer requested Senior Principal Magistrate Stella Atambo to lower the cash bail to something affordable considering the accused person was a first offender and he had no criminal record.
“The accused person be remanded at Muthaiga police station for now,” Senior Principal Magistrate Stella Atambo said.
Atambo ruled that the application by the prosecution would be allowed only to the extent of one working day up to the 9th of August 2021 at 2:30 pm and it would be in open court.
