Mathe wa Ngara, co-accused await bond decision

Nancy Kigunzu alias Mathe wa Ngara at the JKIA Law courts, Nairobi on 22nd August 2023. [Edward Kiplimo, Standard]

Nancy Kigunzu, alias Mathe wa Ngara, and two others will know their fate as to whether they will be released on bond or not on Monday, August 19.

Kigunzu, David Ochieng and Christopher Odipo were yesterday charged with trafficking and conspiracy to traffic narcotics at the Jomo Kenyatta International Airport (JKIA) courts.

According to the prosecution, the three were arrested on August 9 at the Georgina Apartments in Juja, Kiambu County where police found them with cannabis weighing 18.3 kilos valued at Sh6 million.

Kigunzu was remanded at the Lang’ata Women’s Prison while Ochieng and Odipo were remanded at the Industrial Area Remand Prison.

They first appeared before Senior Principal Magistrate Njeri Thuku where they did not take plea after Kigunzu’s lawyer Sophie Nekesa called on the magistrate to recuse herself. She argued that Thuku might be unfair to her client since she is handling another narcotics case against Kigunzu.

The three then appeared before Magistrate Renee Kitagwa where Ochieng and Odipo pleaded not guilty to the two charges.

Kigunzu pleaded guilty to the charge of trafficking narcotics but pleaded not guilty to the charge of conspiracy to traffic narcotics.

While calling for the three to be denied bond State Prosecutor Allen Mulama said that Kigunzu is a repeat offender and she might interfere with witnesses if she was to be freed.

He further argued that Kigunzu has already been convicted by the Kahawa Law Courts where she was charged with handling narcotics and was fined Sh0.5 million or a one-year jail sentence.

He added that in August 2023, Kigunzu was charged in another case with handling narcotics valued at Sh18.3 million and the case is ongoing.

According to him, police are still conducting investigations following the money trail associated with Kigunzu. Mulama argued that if freed, Kigunzu might transfer some of her property and money to third parties making it inaccessible to the state.

The prosecution said that the Directorate of Criminal Investigations (DCI) were still investigating to find the source and destination of the drugs.

Corporal Jeremiah Musango of the DCI said they were still investigating the true identity of Ochieng and Odipo.

He added that they are a flight risk since they do not have a known address where police would get them in case they jumped bail.

Nekesa in opposing the application by the state argued that her client was yet to be convicted in the 2023 case adding that she has been attending court and had not yet violated her bond terms.

She said her client was not a danger to the community or a flight risk adding that detention should be the last option.

According to the lawyer, her client was willing to be subjected to tougher but fair bond terms.

Moses Dagai appearing for Odipo and Ochieng said that they were first-time offenders and had never had any prior engagements with Kigunzu adding the State had not tabled evidence linking his clients to her.

According to Dagai, his clients have not been convicted of any crime within and outside the country and should therefore be freed on bond.