In Summary;
- Statements/Summon/Faked evidence
- Detention
- Warrant of arrest
- Attempts to have me imprisoned
- Inside the Police cell
- Hospitalized
- Court appearances/ruling
- Special Appreciation
On 25.06.2019 I presented myself at Bungoma Police Station at about 10:30hours after a summon by Police Constable Mugambi Mithika who had called me on Mon 24th but I asked to show up the next day due to my unavailability. On arrival he informed me of a Police report OB No. 55/16/06/2019 by one Tom Makokha alleging that I assaulted him at Outlaws lounge on 15 June 2019 causing grievous harm (lost 2 teeth with 2 more weakened). In his statement he claimed; I attacked him when he was on his way to the washroom (which is actually on the opposite side from where he was sitting) Upumbavu na uongo mtupu… The Nabakholo drinking champ went ahead to LIE that we were talking about Jubilee vs NASA (see report attached below).
The truth is I never spoke to Tom until when he came to our table to confront me. The visibly drunk dude had earlier attempted to approach Kimilili MP Hon Didmus Barasa severally but mheshimiwa’s security detail could not allow him through forcing him to write a note warning the MP against “attacking gavana”, a note that was torn into pieces as he was ordered to leave never to come back … When Didmus later left for home, the drunk Tom Makokha aimed his guns at me, he first sent Oti Oteba to come ask me “Why I should leave Wangamati to work, am a nobody to Wangamati”. While Oteba was delivering the message, I saw the staggering Nabakholo champion approach only to tell Oteba to sit down and allow him deliver his message himself… mshenzi hatawahisahau… patrons walimnyeshea na mangumi na mateke then he chose to sue me coz probably he thought I’d pay him handsomely if cornered.
I recorded a statement paid a cash bail of Kshs. 10,000 thanks to Khalaba MCA Hon. Majimbo Okumu and Kimilili MP Hon. Didmus Barasa. The case was scheduled to be mentioned on Friday, 5 July 2019 but was again postponed to 11 July 2019.
Detention:
On Wednesday, 10 July 2019 a day before I was charged at a Bungoma Law Court I offered to STEP-ASIDE as:
- FRIENDS of RUTO MOVEMENT as BUNGOMA COUNTY COORDINATOR… ACCEPTED by members
- Kanduyi Constituents WhatsApp Group Chair… DECLINED by members
- #iKUWEiKUWE Movement – DeFacto leader… DECLINED by members
Denied Bond;
I was arraigned in Court on 11 July 2019 and outrageously denied bond after the prosecution using a forged document purporting to be my post made allegations indicating that am a security risk to witnesses namely George Barasa Murutu who was NOT in court and/or on the witness list presented in court… The prosecutor had challenges reading a statement written in Kibukusu “endekhelo emali ekhakhurere” interpreting it WRONGLY (as told by whoever influenced my detaining) as a threat to witnesses… SHE’s A VERY USELESS PROSECUTOR I MUST SAY (why not ask a Bukusu to interpret in such)
My post;
For more pictorial details visit; https://web.facebook.com/permalink.php?story_fbid=419653272211490&id=351631699013648
FAKED evidence:
In the FAKE printout they presented in Court, the Prosecution asked that I be denied bond for using what looked like a dead lizard to threaten would-be witnesses. The court subsequently fell for the lies and denied me bond thus condemning me to a 5-day detention at Bungoma Police cells
Attempts to have me taken to Prison;
As I was taken the police, some of Wangamati’s handlers who had not so long ago been detained at Bungoma Prisons for about 3 days started harassing the OCS demanding that I shouldn’t be treated any special. Their narrow minds directed them into thinking I was a criminal just like them when they knew they were charged with robbery with violence following an attack on Zachariah Barasa and Moses Lukoye while my charge was a brawl at a drinking spot involving a very drunk and tiny fellow who puffed into a giant after taking one too many.
I spent in the Police cells for one night before Dr. Anthony Akoto, my family/friends and #iKUWEiKUWE Movement members had me admitted at Bungoma County Referral Hospital (BCRH) after falling sick.
Inside the Police cell: Stinking, Dark with available small but meshed opening partly blocked by occupants to control brightness, Stuffy, Open toilet, Beatings for defiant guests, Robbery: Frisking and stealing whatever one has, The CRUDE way of welcoming GUESTS then showing them where to sleep/sit, The LOVE-HATE relationship between police manning the cells and the hardcore criminals therein and lots of Entertaining stories
I was lucky to have engaged them at the law Court cell (holding ground) and having paid for the release of some of them gave me an automatic VIP status upon arrival at the cell… The cell leader organized my sleeping spot.
Hospitalized:
While at BCRH the very County operatives attempted to have me discharged but Dr. Akoto the Chairman KPMDU Western region who had personally admitted me told them off. Even the involvement of the medical superintendent (now my friend) hit a brick wall after Hon. Majimbo Okumu and Dan Wanyama weighed in. They had to stay with me for four days as I opted to eat food from home to avoid any possible poisoning but makarao nao na kunichunga???
The number of visitors was so encouraging as they trooped in in turns to wish me well where others were actually send by the Wangamati regime to sniff for info most were genuine friends… A police suspected to be on the County payroll handcuffed me onto the hospital bed and left to go see his girlfriend by the time he was thru with his business the entire police leadership were looking for him… This was the time I knew police use the term ikuweikuwe during recruit’s training.
The hospital bill was paid by #iKUWEiKUWE Movement members who never left my side for the four days as they watched over me in turns led by Edger Kisala the Welfare Officer.
Court appearances;
- On 16 June 2019 I was arraigned in Court once again straight from the hospital bed where I had spent 4 days and was granted a 30,000 cash bond which was paid by #iKUWEiKUWE Movement members who had arrived in numbers.
- 11/9/2019 – Mention – No complainant, No investigating officer
- 7/11/2019 – Mention – No complainant, hearing date set
- 10/12/2019 – Hearing date; Complaint missing citing attendance to an interview in Nairobi even when my rats confirmed that he was in Western region
- 6/2/2020 – No complainant, No investigating officer
- 24/11/2020 – A warrant of arrest was issued against me for failing to attend court proceedings. The truth was; it was during the Covid-19 times and I was denied entry by the guards who insisted that only an investigating officer would be my gate pass since some cases were being conducted virtually. Surprisingly, PC Mugambi was not aware of my Court-date and therefore did not show up. I left the court gate after agreeing with Mugambi that he’ll check on the dates and inform. The warrant was lifted on 1.12.2020 after I presented and explained myself in Court.
- 21/1/2021 – Hearing date; No complainant, No investigating officer
- 16/3/2021 – Hearing date; No complainant, No investigating officer… My lawyer Hon. John Makali then requested the Court considers throwing out the case since it was increasingly evident that the complainant wasn’t interested in it, The Court agreed to give one more hearing date.
- 11/5/2021 – Hearing date – No Complainant, No investigating officer… The Honorable Court threw out the case.
Also read; https://t.me/iKUWEiKUWEupdates/1172
After noting the Forgery and other inconsistencies in statements by the accuser and his witnesses… I made up my mind in consultation with my lawyer Hon. John Makali that we will not agree to an out of court settlement an option Tom had unsuccessfully advocated for all thru with a view of making me desperate and therefore accept liability.
I went ahead to RECORD phone call conversations that would have been helpful in the case one of which was from Mr. Hosea a security personnel at Outlaws Lounge, Tom Makokha the complainant, George Barasa, Outlaws proprietor and the Benard the other of the two witnesses.
Tom Makokha, Benard (witness) had themselves or thru friends tried to secure and out of court deal that I wasn’t so interested in. On several occasions I’d be called and/or invited to sittings that had no definite resolutions… ALL THEY WANTED WAS TO HAVE ME AGREE TO THEIR SKEWED DEMANDS WITH EXAGGERATED FIGURES.
Hosea’s audio download; Hosea_Outlaws_security_calls_to_explain_TOM_Makokha_CASE_20191107 two
It is worth noting that after wide consultations I have decided to press charges against PC Mugambi, Tom Makokha for presenting in court FAKE evidence that led to my 5-day detention… This one will definitely bring to light the politician alleged to have funded the design/print of my alleged post an idea that was muted at a popular eatery in Bungoma. I will also sue for defamation, time wasting and cost implications… I HOPE THOSE WHO ENCOURAGED TOM TO LIE WILL BE WILLING TO SHARE THE ONCOMING TROUBLES WITH HIM.
Special appreciation to;
- #iKUWEiKUWE Movement; The Edger, MegShi, Marion Telewa, Diana Nelima, Phillip Wanjala, Braxton Wafula, Mwas Ngunya, Joshua Nasokho, Tobias Khisa, Rev. Edwin Shikuku, Felistus Mbinya, Oti Oteba, Eric Wafula, Mukhwasi Edwin Kokonya aka MAPESA, Mukhwasi Fred Kokonya, Micah Wanyenje, Steve Kay, Jentrix, Vijana wa Bundu, Musa mjini and your team, Brenda Barasa, Robert Ndaliro, Brenda Nekesa, Eric Kibaba, Dennis Mukati, Anne Wafula, Namuenge, Sylvia Wafula, JB, Alice Wapopa and all those who contributed money in kind/solidarity
- Lawyers; JO Makali and Co. Advocates led by Hon. John Makali and Edwin Musumba Wakhumba for offering FREE legal services
- Family; including my Wife HD, Mayi Florence and mjombas Lumumba, Sikuta na Balunda clan, Papa Herbert, Papa Gregory, Hon. Majimbo Okumu, Senge Monica Sifuna, Papa Henry Tabani, Clara, Damaris, Papa Martin Khaemba, Kuka Kaburieli (Gabriel) and the entire BaKikai family, Papa Hon. Lawrence Sifuna, ODM SG Edwin Sifuna and all the Bamutila clan
- Health department: Anthony Akoto and the entire medical team at Bungoma Referral Hospital
- Bungoma Business Community led by Drs. Amin and Jamila
- Kanduyi Constituents (KC) WhatsApp Group led by Madam VC and Rasal
- Friends of Ruto led by Madam Connie Wakwabubi and Matilda Makana
- Police; Inspector Odongo and his security team akina PC Benson
- Bungoma Law Court; Minus that lady prosecutor…
- Leaders; Sen. Moses Wetangula, Hon. Didmus Barasa- MP Kimilili, Hon. Dan Wanyama – MP Webuye West, Hon. MCA Balala Ali Machani -MCA Maraka, Hon. Magudah Joseph -Township, Hon. Tony Barasa – MCA Lwandanyi, Hon. George Makari – MCA Musikoma, Hon. Stephen Wafula- MCA Sysambu, Hon. Martin Pepela- Ndivisi, Hon. Joram Wangala – Bukembe East, Hon. Alfred Khang’ati – Intergovernmental Committee, KNUT Exec. Sec. Ken Nganga,.. the list is endless
- Media; Nalianya John, Mentor Jay, Jesse, Renson Mauka, Nebert Wafula, Mshamba, Robert Wanyonyi, Grace Ayuko and the entire media team.
#iKUWEiKUWE Movement is pleased to introduce itself as a fully-fledged online advertising and advocacy platform that focuses on sharing INFORMATION through social media platforms with a keen eye on ACCOUNTABILITY and TRANSPARENCY in our society. Since its inception two years ago, #iKUWEiKUWE Movement has acted as The People’s most trusted watchdog both in Public/Private sector thru #iKUWEiKUWE Updates as guided by our key pillars; Accountability, Transparency, Information …NO POLITICAL BOUNDARIES
SHUKRAN ZA DHATI
#eDDUHSimiyu
#iKUWEiKUWE
