Milimani Magistrate court has issued a warrant of arrest against John Gombe Osike, one of the accused persons facing charges arising from the fatal collapse of a building in South C, after he failed to appear in court without a satisfactory explanation.
The court also directed that summons be issued to the remaining absent accused persons, requiring them to attend court on July 27, when the matter will come up for mention and further directions.
During court proceedings, the prosecution, led by Counsel Nora Otieno, sought warrants of arrest against the 5th to the 10th accused persons, arguing that they had failed to honour court summons.
“We are making an application for warrants of arrest against the 5th to the 10th accused persons. During the last appearance, we agreed to issue summons instead of warrants. There was no reason given for their failure to attend court despite receiving the summons. No medical documents have been produced before this court, and we therefore pray that warrants of arrest be issued,” Otieno submitted.
The application was opposed by defence lawyers Danstan Omari and Shadrack Wambui, who urged the court to exercise discretion, saying some of the accused had genuine reasons for their absence.
Omari informed the court that the 5th accused, Patrick Analo, was unwell and that supporting medical documents would be filed as soon as they were received. He added that the 6th accused, Frederick Ondari, had travelled upcountry to attend the funeral of a close relative.
“The 5th and 6th accused persons are not present in court. The 5th accused is unwell and we will produce the medical documents. The 6th accused travelled upcountry for a funeral. We undertake to produce both accused persons on the next mention date. We have not been able to receive the medical documents because I was away over the weekend,” Omari told the court.
The defence further informed the court that Patrick Analo had already collected the court summons from the Directorate of Criminal Investigations (DCI), demonstrating his willingness to attend the proceedings.
In his submissions, Omari also argued that the prosecution had initially failed to issue summons before seeking to prosecute the accused, contrary to the procedure provided under the Criminal Procedure Code. He urged the court not to issue arrest warrants against persons who were either bereaved or unwell, describing such action as insensitive under the circumstances.
After considering the submissions from both sides, the Magistrate Carolyne Mugo declined to issue warrants against all the absent accused persons. Instead, it issued a warrant of arrest only against John Gombe Osike, while directing that fresh summons be served on the remaining absent accused persons.
The court further ordered that all accused persons appear on July 27, when pre-trial directions are expected to be taken.
