Kenya Insights

Tag: Witness

  • Names Of Witnesses To Testify In The Funyula Residents Against Coca-Cola Case

    Names Of Witnesses To Testify In The Funyula Residents Against Coca-Cola Case

    On 16th June this year, Kenyan Insights reported that Stephen Serulo, Zablon Barasa and Mr Richard Sikudi had sued the Atlanta-based company, its Africa subsidiaries (Coca Cola Central, East and West) and local agent Equator Bottlers Limited in Funyula on behalf of 55 other complainants.

    The three petitioners had taken the soft drinks giant Coca Cola to Court after one of their distributor sold them contaminated drinks. In the petition, on behalf of other complainants, petitioners say they bought soft drinks in separate ceremonies last year.

    More than 10 witnesses have since been summoned to appear in person before the Busia High Court in November to testify in a case where by 58 people had sued Coca-cola company for allegedly selling them contaminated soda drinks.

    In a letter dated October 15, 2019 written and signed by the Busia Deputy High Court registrar, Phoebe Kulecho, the witnesses have been ordered to appear in court in person on November 18, 2019.

    “Whereas your attendance is required to give evidence as per Court Order in the above suit, you are hereby required personally to appear before this court on the 18 November, 2019 in the forenoon to produce laboratory analysis results vide Ref No. MPHS/DC/125 dated 30 July, 2012 and to be present at all times until your presence is dispensed with by the court,” the letter said.

    Among those expected to testify include Mr. Kepha Ombacho Busia county Environmental Health officer, Mr. J.K Kibathi from the Government Chemist and Mr Antony Irungu from Kenya Bureau of Standards (Kebs)

    The other witnesses whom the letter was addressed to include Mr. Martin Nyakiano, Mr. Felix Omondi, M/s Catherine Were, Mr. Seth Ngoso (Kebs), Mr Emmanuel Luvai (former District Public Health Officer) and Mr. Wilson Kosgey.

    Some of the complainants who have since been enjoined in the petition have been having complications for over over 4 years now.

    Dr. Sande Charo, Medical superintendent at Busia County referral Hospital confirmed to the court through a medical report that some of 60 patients were confirmed sick by the hospital and got their treatment there. Dr Charo told this writer that most of them were treated for food poisoning and given strong antibiotics.

    In December 2018, Coca Cola, through Anjarwalla and Khanna Advocates, tried to blackmail the plaintiffs’ lawyers to consider the compensation package.

    The petitioner said Coca cola has been trying an out-of-court settlement with them. The drink giant was offering Sh45,000 through their lawyers as an individual compensation cut.

    They turned down the deal saying its a blackmail by the company’s law firm and totally unrealistic for the massive damage their substandard drink caused.

     

     

  • High Court Blocks Prosecution From Playing Video In Lawyer Willie Kimani Murder Case

    High Court Blocks Prosecution From Playing Video In Lawyer Willie Kimani Murder Case

    Last week, Kenya Insights highlighed how City lawyer Willie Kimani His client Josephat Mwenda And Taxi Driver Joseph Muiruri Were Suffocated To Death.

    The victims were kidnapped after leaving the Mavoko Law courts on June 23, 2016. A week later, their bodies were retrieved from the Athi River, near Donyo Sabuk police post, stashed in gunny bags.

    The presecution team later on recorded the witness confession and the video submitted as evidence in the ongoing case of one of the most gruesome cold blood murder by uniformed cops.

    However, the prosecution in the trial of suspects charged with the murder of lawyer Willie Kimani and two others suffered a blow  after the trial Judge recanted a submission to play a video of the crime scenes.

    In the video that was documented by assistant superintendent of Police Joseph Muindi, captured Peter Ngugi, a former police informer explaining how the victims were executed and the places they were murdered in cold blood.

    The prosecution stated that the rejected video evidence was part of the proof the prosecution relied on to ascertain the court that the accused persons were involved in the vicious murder.

    Justice Jessie Lesiit however declined to allow the prosecution play the video, stating that there was no proof that the Police officer complied with the rules and procedures of the Evidence Act.

    “It was a mistake for the investigating officer, Mr Clement Mwangi, to be present at the scenes, when Mr Muindi recorded the accused person.” Justice Lessit said

    According to the Justice Lessit, the presence of the investigating officer was a;

    “compulsory oral examination of the accused person in total disregard of the law and rules of evidence.”

    Last week, Mr Muindi told the court that he was approached by Mr Mwangi to record Mr Ngugi as part of event reconstruction.

    Former Police Informer Peter Ngugi in Court Photo|NMG

    On his defense, the accused one Mr Ngugi through his lawyer Kevin Michuki, challenged the creation of the video evidence compelled on August 10, 2016, opposing that the court should not allow him to implicate himself.

    Four police officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku and Leonard Maina Mwangi, and Mr Peter Ngugi the police informer are facing the murder trial.