Robert Mutitu Mugo, a former Judiciary Judge accused of Kshs. 6.85 Million theft was earlier today, in court for the hearing of his case. The judge, who has been out of the judicial system following his removal over corruption in 2003 along with other judges and magistrates, did not take a plea to both his charge counts; conspiracy to defraud and theft.
The last time the judge served was during Chief Justice Evan Gicheru’s era. A committee led by former Court of Appeal judge Aaron Ringera and Justice Wanjiku Karanja saw more than 23 judges and magistrates leave the judiciary over corruption and misconduct.
The accused was brought before the Milimani Chief Magistrate Wendy Kagendo along with his partner John Njoroge Thiong’o, charged with conspiracy to defraud Ms. Jane Wangui Wahome. The case stated, alleges that the two were pretending to buy Ms. Wahome a piece of land within Nairobi County. The offenses were committed between April 22 and May 19, 2021.
Mr. Mutitu sought to be indulged for 14 days so that he can reach an out-of-court settlement with the complainant. His defense lawyer, Karathe Wandugi presented the request to the judge in a bid to opt for alternative conflict resolution.
“I urge this court to indulge the accused, who is a former judge, to conclude negotiations of resolving this matter which is civil in nature.”
Stated Mr. Wandugi.
Mr. Wandugi further told the court that the prosecution rushed the former judge to the criminal court instead of referring the dispute to the Law Society of Kenya (LSK) disciplinary committee. He added that the accused has been practicing law for years and he knows the outcomes of meddling with other people’s property.
The prosecution, through State Prosecutor Anderson Gikunda, was against the application to defer plea taking saying that the matter had taken long to be settled in court and the complainant’s desire was to have the final verdict be ruled.
Chief Magistrate Wendy Kagendo granted permission to the accused, to defer the plea taking allowing him to resolve the dispute outside the court walls. She further said that the matter will be heard again in court on July 6th 2022, either to take the plea or to have the case terminated.
Mr. Mutitu was released on a bond of Kshs. 500,000 or a cash bail of Kshs. 100,000, awaiting further directions. On the 6th of July, Mr. Mutitu is expected to appear before the court with Mr. Thiong’o, who has been summoned too.