How magistrate stopped suspect from stripping in court

A man charged alongside his wife with defrauding two maize dealers 564 bags of maize worth Sh3.2 million was restrained by a magistrate from stripping in court to prove that he has cancer. Milimani senior principal magistrate Ms Zainab Abdul ordered John Mwenda Iringo to stop removing his shirt in open court to display a scar as proof he has undergone medical procedures in India and Kenya for cancer treatment. “I cannot allow you to strip in open court to prove that you have been undergoing cancer treatment,” Ms Abdul warned the accused. The magistrate further reminded Iringo that there were students from Tenges Boys High School in court to learn court procedures and 'they cannot be exposed to half-naked persons'. Ms Abdul informed the accused that his lawyer had stated from the bar that he had attended cancer treatment procedures in India and other health facilities in Kenya. While urging Ms Abdul to release the couple on lenient bond terms, a defence lawyer informed the magistrate Iringo has spent colossal sums of money to address his deteriorating health condition. “Police released the couple on a cash bail of Sh50,000. I urge this court to consider freeing them on similar terms on humanitarian grounds,” Ms Abdul was implored by a defence lawyer. It was at that juncture the magistrate was asked to allow the accused to show her the scar on his body. Iringo began to strip by removing his jacket, unbuttoning his shirt and when he was about to remove it and vest, the magistrate ordered him to stop. The court heard that the two are a young couple with three children the youngest aged two. Ms Abdul was urged not to allow a request by a state prosecutor Abel Omariba to call for a pre-bail report saying “it means the accused will be remanded in custody pending the availing of the pre-bail report while their young children are exposed.” The magistrate was further informed that locking up the couple was to spell doom to the children. “The couple is trying their hands in the business. The complainants have paid Posterity Millers in Athi River Machakos County over Sh5million for maize received,” the court heard. The magistrate was informed the health challenges that affected Iringo were the cause of the delay in paying for maize received from the complainants Duncan Bundi and George Mwiti. Further, the magistrate heard an out-of-court settlement is being pursued. Posterity Milliers lawyer Joshua Odek promised the court that the parties will resolve the matter amicably. “Pursue the alternative dispute resolution (ADR) as encouraged by the Constitution,” Ms Abdul encouraged the accused and the complainants. Iringo and his wife were charged with seven counts of obtaining money by false pretenses and conspiracy to defraud Duncan Bundi and George Mwiti 564 bags of maize worth Sh3,232,688 in December 2022. Ms Abdul released the couple on a cash bail of Sh300,000 in the two different cases against them saying “she exercised her discretion on humanitarian grounds given the health challenges that have dogged Iringo.” The case will be mentioned on April 13, 2023 for pre-trial directions. Also read: Amber Ray: Alai using my name for content EXCLUSIVE: How an expectant Janet Mbugua was trolled on social media