A Suspect implicated in car theft plot has suffered a blow after court dismisses application seeking to bar DCI from probing .
Marvin Wanyutu Waweru implicated in car theft has today suffered a major blow after Milimani Chief Magistrate Dolphina Alego dismissed the application seeking to bar the Directorate of Criminal Investigations (DCI) from probing him.
While closing the application in which Waweru sought to have the motor vehicle in question, a Mercedes S5000 released to him despite having been impounded by the police as part of the ongoing probe against him,Magistrate Dolphina Alego paved way for the DCI to continue and complete the investigations.
In his application, Waweru sought to have the high end vehicle currently detained by DCI as exhibit released to him despite not having any ownership document.
He had claimed that the police are holding the exhibit illegally.
He was accused together with four others expected to take plea tomorrow after court discharges one Individual.
The Milimani Magistrates Court on Wednesday deferred the plea-taking of four suspects in connection to Thursday after key pre-bail reports and an amended charge sheet were found to be incomplete.
The court was informed that pre-bail reports for accused persons 1, 2 and 5 were not ready, with officers preparing the documents requesting an additional day to finalize them.
As a result, the magistrate directed that the matter be mentioned tomorrow for plea-taking.
Advocate Makenzi appeared for the fifth accused and held brief for counsel representing the second accused.
Makenzi told the court that investigators had completed inquiries relating to his client and invited the prosecution to state its position on whether charges would still be pursued.
The prosecution confirmed that verification of receipts recovered from the fifth accused at the time of arrest had been concluded, adding that the findings cleared him of involvement in the alleged offence.
They indicated that they would not be proceeding with charges and intended to seek a withdrawal under Section 87 of the Criminal Procedure Code.
However, defence counsel did not oppose the withdrawal, and the court opted to discharge the fifth accused under Section 202. The magistrate noted that Section 87 could negatively affect the 29-year-old’s visa applications and therefore invoked the more favourable provision.
The prosecution further informed the court that it had not yet filed the amended charge sheet and sought more time to do so.
With the discharge of the fifth accused, the remaining four suspects are now expected to return to court on Thursday for plea-taking once the amended charge sheet is filed and outstanding pre-bail reports are presented.
The court will also issue bond terms at that time.
