A Nakuru court has directed a Deputy Registrar to appear in court and take plea on behalf of a robbery with violence suspect after he stood mute of malice and remained unresponsive.
There was drama at the law court when Simon Kipng’eno Sigei who arrived in a Directorate of Criminal Investigation (DCI) vehicle refused to disembark. He remained sleeping in the vehicle trembling, eyes closed, while moving his mouth up and down without speaking. Principal Magistrate Faith Munyi was forced to take the court room session to the vehicle where the suspect was, in order to examine him.
The investigative officer Daniel Gichuki, who believed that the suspect is faking the illness , told court that the accused had not spoken since he was booked at Menengai Police Station on April 23.
“The accused has not responded to any of our questions or any conversations. He has just been sleeping,” he said. He added that the accused had refused to eat and drink and at some point the police had to force him to eat. “We were forced to carry and drag the accused from the cells to the police vehicle since he is weak, unable to walk and had refused to be brought to court,” he said. The investigators were forced to produce the suspect in court for plea taking despite his condition.
On Monday, Munyi postponed the plea to May 6 after she noted that the accused was unresponsive and in no conditions to take plea. She ordered the Deputy Register of the High Court to make her presence during the plea so as to comply with Section 280 of the Criminal Procedure Code (CPC).
The section allows for an officer of court to plead on behalf of the accused if he stands mute during plea or if he is unable to answer directly the plea he wishes to enter. She also directed that the accused to be taken for a mental assessment test at the Rift Valley Provisional General Hospital before he takes plea. “The accused to be remanded at Nakuru GK Prison pending the plea and bond terms application.”
Sigei is suspected to have killed a man, Peter Bore and his daughter, Judy Chepkoir after he attacked and robbed them of their properties. The accused allegedly after the attack defiled Chepkorir’s two daughters aged nine and 12 years. The charge sheet indicate that Sigei jointly with others while armed with machetes, rungus and hammer robbed Bore his mobile phone, identity card and money all valued at Sh68,000. The charge sheet also indicate that the raid happened on the night of February 12 at Boror area in Rongai Sub-County within Nakuru County.
“The accused jointly with others not in court while armed robbed stole Sh5,500, one mobile phone unknown amount of money from Bore and murdered him,” read the charge sheet. The attackers are said to have attacked and robbed Judy Chepkorir of her laptop, gas cylinder and mobile phone valued at Sh72,500 before they murdered her. The police are also intending to charge him with an alternative charge of handling stolen properties. “The accused in the course of stealing, retained a laptop valued at Sh60,000 and a gas cylinder worth Sh5,000,” read the charge sheet.