Court suspends prosecution of Murgor sisters in case against Ndichu brothers

The High Court has suspended the prosecution of two sisters; Stephanie and Cheryll Murgor in a case where they were involved in an altercation with twin brothers Eddie and Paul Ndichu at a Nairobi hotel in October last year.

The order was issued on Tuesday by Justice AC Mrima to allow the hearing of a petition filed by the two sisters challenging their prosecution over the assault case.

The sisters had been summoned to appear before the Kibera law courts on Wednesday, March 23 to take plea for assault charges.

"I have perused the Notice of Motion dated 18th March, 2022 brought under Certificate of Urgency and the Supporting Affidavit together with the annextures thereto. I, hereby, issue the following orders:Prayer 2 of the Notice of Motion is hereby granted," reads the order issued by justice A C Mrima.

Justice Mrima directed the notice of motion be served upon the Respondents and Interested Parties within 5 days.

Through lawyer Philip Murgor, the sisters claim that the move by the Director of Public Prosecution Noordin Haji to charge them is maliciously intended to blackmail and coerce them into withdrawing their complaints against the Ndichu brothers.

"The actions of the 1st Respondent (DPP) are illegal and amount to abuse of office for personal benefit, and are unconstitutional as they grossly violate the rights of the Petitioners as detailed in the accompanying Petition," reads the petition filed by the Murgor sisters. 

In the petition, the sisters further argue that the action by the DPP to charge them "amounts to an act of corruption and abuse of office, as it is not supported by sufficient evidence or at all, but is intended to serve extraneous and ulterior purposes, which include ensuring the discharge or acquittal of the 1st and 2nd Interested Parties [Eddie and Paul Ndichu]."

Murgor claims that the actions by the DPP shows that he does not believe in justice for Sexual and Gender Based Violence (SGBV) victims and ‘only pays lip service, for media, to the policies commendably put in place by his predecessor Keriako Tobiko’

He claims that the DPP is embattled in wars with the DCI and the AG over his competence and integrity adding that the decision to charge the sisters was not based on an independent analysis of the evidence.

“The DPP has submitted to pervasive political influence from aspiring politician Edwin Sifuna the Secretary-General ODM, in order to win political favour and support to remain in office,” reads court documents.

Haji has also been accused of ignoring pleas by the sisters and FIDA not to charge them.

Murgor claims that Haji lacks relevant experience and is pre-occupied with is person survival in office.

“He spends too much time on extraneous matters, perpetual travel, seminars and workshops at the expense of dealing with important files of great public interest that require his personal attention and directions, personally conducting prosecutions in court, and of course overseeing the activities of his office,” he argues.