A Nakuru court has heard how a convict was allegedly released in a conspiracy involving a magistrate and a court clerk by forging release documents at Nyahururu law courts.
A court cashier and ICT officer, Esther Kweyu and Prison warden Paul Kariuki testified how a convict, Johnson Gichigi was released through forged judicial documents. Kweyu told Senior Principal Magistrate Felix Kombo that she received the convict’s court file with a committal warrant of a year’s sentence or an alternative fine of Sh10,000 which was paid for and she issued a receipt.
The documents, according to her followed a ruling by then Nyahururu Senior Resident Magistrate Alice Butuku Mungare through court clerk Elijah Nyaga.
“I then issued a receipt for the fine so that the accused who was in custody was released,” Kweyu testified.
Prison Warden Kariuki, who is attached to Thompson Falls Prison in Nyahururu said he received a release order from a colleague to release Gichigi from prison.
“I received a release order together with a fine receipt of Sh10,000 which I then presented to my supervisor who then confirmed the details in the release order. He directed me to go ahead and release him,” Kariuki testified.
Kariuki however said that the release order did not compare with the committal warrant.
Gichigi, who is the first accused in the case was to serve two and half years in prison following an initial sentencing by another magistrate, Vincent Kiptoo. The prosecution, in Nakuru court led by Sirorei Rop is tracing the proceedings of Justice Kiptoo’s judgment who is also set to testify in the case.
Justice Butuku has denied the origin of the document providing a sentence of one year and an alternative of Sh10,000 fine. Magistrate Butuku, court clerk Nyaga and Gichigi are jointly accused of interfering with the execution of a sentence.
On April 24 this year, they all denied the charges and were released on Sh50,000 cash bail. Nyagah is facing two different counts of forging committal warrant and release order of a criminal case and another of presenting and fraudulently altering forged documents, all judicial document to have Gachigi released from Prison Custody.
The case will mentioned on October 10.