Pastor James Ng’ang’a got temporary reprieve yesterday when a Limuru court declined to compel him to submit DNA samples.
But the Neno Evangelism Ministries pastor, who was charged last week with causing death through dangerous driving, also suffered a setback when one of his lawyers withdrew from the case citing lack of co-operation from his client.
The prosecution had requested to take Ng’ang’a’s blood samples to the Government chemist for comparison with the blood that was collected at the scene of the accident.
While delivering the ruling, Limuru Senior Resident Magistrate Timothy ole Tanchu said sections 122 (a) and (b) of the penal code which the prosecution relied on were silent on whether the court should give orders to the prosecution to draw blood samples to be used as evidence in a court case.
He said the prosecution should have sought the direction of the court before the accused took plea. Once the suspects are formally charged, he explained, the court becomes an independent arbitrator between the two parties and can no longer assist the prosecution to get evidence.
After the the ruling, the prosecution led by Assistant Director of Prosecutions Catherine Wahome requested certified copies of the proceedings so that they can appeal the decision at the High Court.
The court granted the prosecution the plea and gave them 14 days to appeal the ruling.
Lawyer Cliff Ombeta, who was also representing police officer Christopher Nzili, withdrew from the matter citing “non-co-operation by the client.”
Ng’ang’a will continue being represented by his other lawyer, Mr Assa Nyakundi, while Nzili will have to look for another counsel or represent himself.
“I wish to inform the court that I want to withdraw as the lawyer for first and the third accused due to lack of proper direction in the matter since they have refused to co-operate. He does not even answer my calls when I call him,” Ombeta told the court.
He added that it was no longer safe for him to continue representing Ng’ang’a, saying he was jeered at and his vehicle was stoned last Friday outside the court.
“The crowd outside the court recognised me as the one who was representing Ng’ang’a and hit my vehicle with stones. It’s no longer safe for me. Today, I was forced to leave my vehicle and hired a taxi to bring me to court for fear of being attacked,” said Ombeta.
The defence will have to wait for two weeks to be issued with witness statements and evidence that the prosecution intends to use after their attempt to get them yesterday was rejected by the court. This was after prosecutor Alloys Kemo told the court that some of the witnesses were being protected by the Witness Protection Agency, and that the agency had not finalised with them.
The court also ordered Tigoni Police Station OCS Isaiah Langat to arrest anyone jeering the accused, prosecution or defence. The case will be heard on November 3 and 4.
