Guarantor laid trap to nab suspect who failed to show up in court

On January 14, 2017, Nathan Jeremia Nandwa, a former police officer stood surety for Peter Mbabu Mutembei, who was facing a charge of robbery with violence together with Morris Mbugua Mutugi.

Initially, Nandwa told the court that he knew Mutembei very well as he had worked with his father in the police force between 1992 and 1994 in Isiolo. 

For Mutembei to gain his freedom, having been given a bond of Sh300,000, he tendered a title deed for his land in Bahati, Nakuru, valued at Sh1 million though the court valued it at Sh800,000. 

As is usual with anyone standing surety for a suspect, Nandwa undertook to ensure Mutembei showed up in court or else face the consequences.

Mutembei was being held at Kamiti Maximum Prison, Nairobi while Mutugi was held in Nakuru Main Prison. As a result, the matter failed to take off many times.  It was alleged that the applicant had another matter in Nairobi. 

The matter finally took off before the learned trial magistrate J Mwaniki, but he was transferred before he would complete the matter.  When F. Munyi took over the matter, the accused persons sought for a de novo trial. The same was allowed. On May 6, 2020; the Applicant was convicted for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal code and sentenced to serve life imprisonment.

Aggrieved with the decision, Mutembei applied to the High Court seeking bail pending appeal. Upon release on bail, Mutembei never showed up after that and the matter was delayed for almost two years.

In custody

Nandwa was arrested on February 14, 2017 and spent four months in custody. He would later tell the court that he had agreed to stand surety for Mutembei after people close to him approached him as he was very sick and had undergone two to three surgeries while in custody at Kenyatta National Hospital.  He had internal bleeding. 

“Though I did not know him, I used his close people to make the decision that I now regret.  I have gone through a lot of problems.  I was put in for four good months.  This court had refused to place me on bond,” he said.

He was released after successfully pleading with the court that he had gathered some developments to enable him get the accused during his stay in custody when he was able to get a link on his criminal network.  

Mutembei had asked his confidant to help him get in contact with his prospective victim.  He wanted the victim to be a pastor. 

“I didn’t have any pastor in Eldoret. I created one. Through his confidant, I was able to provide the confidant with the contact of the pastor I had created.  The accused communicated with the alleged pastor and they arranged a meeting.  The accused person spent Tuesday in Eldoret and they communicated and agreed to meet on Wednesday.  I passed the information to the investigating officer in this matter who was in Nairobi at the time,” he told the court.

Nandwa had to look for an alternative and was able to contact a CID officer, identified only as Aden. 

Through the DCIO Eldoret, arrangements were made to have the accused meet the victim who was the alleged pastor and an ambush was arranged. 

The accused, in the company of a lady and a man, proceeded to Valley Hotel in Eldoret where they were arrested by the team that was sent by the DCIO and the purported pastor released. 

The three were escorted to Eldoret Police Station where they spent the night. 

The DCIO requested for documentary evidence and he sent a warrant of arrest through Whatsapp. Later in the day, Nandwa went to court and requested for a mention and a production order to have the holding authority produce the accused.  Later the DCIO confirmed that they had arrested the correct person.

He was later authorised by the Nakuru DCIO to travel to Eldoret together with the investigating officer and another officer for purposes of bringing the accused person. 

Surety withdrawn

Nandwa requested to have his surety withdrawn, adding that the accused person ought not to be allowed to subject any other person to what he went through. 

Nandwa told the court that on their way back from Eldoret the accused made wild allegations against officers in Nakuru. “He said he gave money to a judicial officer who promised that the accused was to get his freedom and this matter would be brought to an end somehow. 

“He complained that he used a lot of money to buy his freedom.  For that reason, the accused qualified to remain in custody until the case is determined,” he said.

In her ruling, Justice Teresia Mumbua Matheka said there were serious compelling reasons as to why he could not be released on bond and as such ordered he be remanded in custody pending the hearing and determination of the case.

She said while the application was premised on his deteriorating health, the same could not fly in the circumstances.

“The courts have often held that hardship exceptional or unusual circumstances or illness would not constitute a reason for the granting of bail because there are medical facilities both in prison and when need be, out of prison where the appellant can be attended to,” the judge said.