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Citizen Weekly

Tuesday 24 February 2015


Five Orange Democratic Movement MCAs have denied assaulting the party's Executive Director Magerer Langat at Orange House in October, last year. The five and a security guard appeared before Senior Principal Magistrate Elizabeth Osoro at the Kibera Law Courts yesterday, where they were charged with creating disturbance on October 30 at Orange House in Kilimani, Nairobi. Elias Otieno, Daniel Oria, George Ochieng', Catherine Apiyo, Alvin Olando and Bernard Kadundo were also charged with causing Mr Magerer bodily harm. Their lawyer, Harun Ndubi, asked the court to defer plea taking, arguing that the charge sheet was defective. However, the magistrate rejected the application saying any issues that may arise will be dealt with during the hearing. She released them on a Sh10,000 cash bail each with a surety of a similar amount. The matter will be heard on May 21. Earlier this month, Magerer filed an application saying no investigations or arrests were made after the incident even after he reported. See also: MPs fund-raise for CDF case appeal He told the court that he was assaulted in the full glare of the public. Fundamental rights "This assault happened in broad daylight in front of VIPs, their armed bodyguards, vehicle security, armed police officers and the public," he said. He sued for damages arguing that the inaction by the relevant authorities was a breach of his fundamental rights. He stated that on the fateful day, he had attended a CORD parliamentary group meeting when the incident happened. While co-ordinating with the staff to ensure the smooth running of the function, he stated, the MCAs stormed the meeting, assaulted him and threw him out of the premises.
He further accused Olando of deflating his car's wheels after the group grabbed his office keys and assaulted him. He said even after police officers from Kilimani came to his rescue, none of the people he has accused of assaulting him have been arrested and charged with the offence. Magerer said he named the Inspector General of Police and the Director of Public Prosecutions as respondents in the matter for failing to take action on the MCAs despite reporting the matter and recording a statement at the Criminal Investigations Department.

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