A Statement of Truth – part 2

Posted on 02. Apr, 2010 by in an appeal for help

List of Court Dates & Attendances

1. Friday June 12th 2009 –
Charged with assault & illegally in Kenya (plead not guilty to both charges)
The prosecuting officer claims in court , the complainant is in a coma and
unlikely to last the weekend in a very dishonest statement so we are retained
in custody till the following Monday.

2. Monday June 15th 2009 –
The Prosecutor attempts the same stalling technique as previously with the
same magistrate, I & Ms Lubulwa are stunned and there is no opposition from
our lawyer. We have also heard the Police are planning to change the charges
and our court file is strangely missing so the case is heard very late in
the afternoon. The other police detainees have left so we are sent to remand

3. Tuesday June 16th 2009 –
Again we are not seeing the charge sheet
from Police and the same inaccuracies concerning the complainant are
being presented in court but it is clear the tactic is to prevent our bail.
I am returned to Nairobi Industrial Prison, Ms Lubulwa to Langata
Women’s prison.

4. Friday June 19th 2009 –
This time in court we have an opportunity to
fight back the case is heard late and again strangely the file is missing
again. We hire some one in the archives to find it; also the prosecutor
is not available so we manage to get bail approved. 100,000 khs each
or assured assets in Kenya. We go back to prison

5. Tuesday June 30th 2009 –
this is a mention and lasts less than 1 minute. The next date is set but still
no charge sheet (P3) or a willingness to hear the case.

6. Friday July 17th 2009 –
Again this is another mention but with a
lot at stake . I have since achieved bail but Ms Lubulwa is still
incarcerated so today I have hired a lawyer to request her bail be
granted – this is successful and the paperwork begins.

7. Friday July 31st 2009 –
yet again another mention lasting less than 2
minutes, unclear and without making any see able difference to our
current situation.
8. Friday September 10th2009 –
Again in bad English and mostly
spoken in Kiswahili we face new charges of grievous harm and being
illegal immigrants in Kenya. Again we both plead not guilty to the
charges the hearing is again adjourned after a few minutes.
9. Thursday November 19th 2009 –
the court number is changed again and the exercise in frustration continues.
The magistrate claims an inability to hear the case although the complainants
witnesses are present and statements are ready.

10. Friday January 15th 2010 –
Again the court is changed and the residing magistrate claims the case cannot
commence although again the witness, statements and relevant people are present.
We and the lawyers are stunned to hear the next date (May 12th 2010)

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