Journalist forgiven for skipping court twice

Mr Moses Dola Otieno (centre) is escorted to the cells on May 5, 2011 over the killing of former NTV reporter Sarah Wambui Kabiru. Photo/FILE  

In Summary

• Mr Otieno, who is out on cash bail of Sh500,000, has denied killing former NTV broadcaster Sarah Wambui Kabiru at their Umoja Estate home in Nairobi.
• Ms Mwaniki said Mr Otieno altered the bail terms set by Mr Justice Nicholas Ombija on July 2013 that he be reporting to DCIO Kisumu every last day of the month.

By Nation Reporter
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A journalist accused of killing his wife Thursday told a judge he failed to come to court twice as he was nursing a sick child he had with his new wife.

After this explanation, Justice Roselyn Korir pardoned Mr Moses Dola Otieno and lifted a warrant of arrest against him.

Lawyer Cliff Ombeta apologised to the court on behalf of Mr Otieno, saying “he is remorseful and honest. He did not intend to abscond at all.”

“ It is true Mr Otieno did not attend court twice. He was attending to his newly born baby. He could not leave his wife alone at his Busia upcountry home with a sick child,” Mr Ombeta explained.

Mr Otieno skipped court on December 31, 2013 for mention of the case. He also did not show up on January 6.

“He did not know the case was also being mentioned on January 6,” Mr Ombeta said.

Justice Korir directed that Mr Otieno reports to the deputy registrar of the High Court every last day of the month.

She also directed State counsel Catherine Mwaniki to check with the DCIOs of Kisumu and Busia whether Mr Otieno “actually reported.”

Mr Otieno, who is out on cash bail of Sh500,000, has denied killing former NTV broadcaster Sarah Wambui Kabiru at their Umoja Estate home in Nairobi.

He told the judge that in July last year the court varied the bail terms and required Mr Otieno to be reporting to the divisional criminal investigations officer Kisumu (DCIO) every last day of the month.

“Mr Otieno who has denied killing his wife Sarah Wambui Kabiru who until her death was a NTV broadcaster reported to the DCIO Busia,” the lawyer stated.

He said the DCIO Busia called the DCIO Kisumu to confirm that he had reported to his office as directed by the court.

But a state counsel Ms Catherine Mwaniki opposed the application to lift the warrant of arrest issued against Mr Otieno saying “ he did not find it necessary to inform the prosecution that he reported to DCIO Busia.”

Ms Mwaniki said Mr Otieno altered the bail terms set by Mr Justice Nicholas Ombija on July 2013 that he be reporting to DCIO Kisumu every last day of the month.

“ I urge this court to cancel the bond granted to the suspect then remand him in custody until the case is heard and determined. The case is listed for hearing February 10/11,” Ms Mwaniki urged.

She said that Mr Otieno also did not find it necessary to inform the court about his moves.

Justice Korir directed that Mr Otieno reports to the deputy registrar of the High Court every last day of the month.

She also directed state counsel Catherine Mwaniki to check with the DCIOs of Kisumu and Busia whether Mr Otieno “actually reported.”

Mr Otieno who is on a cash bail of Sh500,000 has denied killing former NTV broadcaster Sarah Wambui Kabiru at their Umoja Estate home in Nairobi.