Robbery with violence suspect at Kwale prison claims he sleeps in toilet

By Tobias Chanji

Kwale, Kenya: A robbery with violence suspect who is also facing charges of being a member of  the Mombasa Republic Council has told a magistrate that he sleeps in a toilet inside the congested Kwale prison.

Mkala Mwanyae said on Tuesday that because he is living in deplorable conditions he wishes to have his trial hurried. He is charged alongside Chirongo Kafunda and on Tuesday they appeared before Kwale Principal Magistrate Elizabeth Usui where he urged the court to hasten their case to get him out of the problem. But to their dismay the case could not proceed for lack of a prosecutor- a Mr Mungai who was said to be attending a seminar.

The suspects have been in jail without bail since May last year and the suspects lament the case has taken very long.

“I urge this honorable court to ensure this case is heard and determined immediately because I am sleeping in a very deplorable condition and yet the case is being dragged for no reason," said Mwanyae as his co-suspect watched emotionless.

Mwanyae claimed inmates at the prison sleep in a crowded room and that most of the time he is forced to sleep in the toilet which he sometimes shares with a fellow inmate.

“Sometimes we share the toilet with another colleague but when there is a little space outside I sleep alone. It is my wish that this case is determined immediately,” he urged the court.

Principal magistrate Elizabeth Usui who looked shocked with the revelations asked the prosecution to investigate the matter and report  to the court.

“That matter has to be looked into to establish if it is true for measures to be taken. We have to ensure that the welfare of remandees is considered,” ordered the chief magistrate.

Mwanyae and Kafunda are facing robbery with violence charge contrary to section 296(2) of the penal code which they denied.

They were charged that on May 30 2013 at 23:30 hours in Ndavaya location they robbed Mwenyesi Nyanje Sh54, 000 and after robbing they threatened him with actual violence.

The two were also charged with being members of an "unregistered society contrary to section 6 of the society act cap 1 of the Laws of Kenya," which they also denied.

They were charged that on May 30,  2013 around 23:30 hours in Ndavaya location were found unlawfully being members of unregistered society Mombasa Republican Council.

Their case was set for 28 May 2014 after Magistrate Usui said that she could do little to help the suspect’s case since the prosecutor was absent.

“What we can do for now is to set another date for your case because the prosecutor is not around while your issue of sleeping in the toilet room is being investigated,” she said.