A man charged with overthrowing Unaitas Sacco has been acquitted by court
A man who was accused of providing false information to the police, which allegedly led to the removal of Joseph Ngaai Kabugu as the chairman of Unaitas Sacco in 2019, has been found not guilty by a city court. Alexander Irungu Wanjiru was acquitted by senior resident magistrate James Ombugah, who ruled that the prosecution failed to prove that Alexander had given false information to a police officer employed in the public service. The magistrate stated that Alexander should not have been charged in the first place because Joseph Ngaai Kabugu never lodged a complaint with the police about Alexander spreading false allegations regarding his academic qualifications.
The charge against Alexander was related to providing false information to a police officer from the Directorate of Criminal Investigations, Sergeant Sevelina Kalunge, claiming that Joseph Ngaai Kabugu had forged a Kenya Certificate of Secondary Education (KCSE). The alleged offense occurred on November 28, 2019.
The charge sheet also indicated that Alexander's intention was to prompt Sgt. Kalunge to utilize her lawful authority to investigate, arrest, and charge Joseph Ngaai Kabugu. The prosecution argued that Alexander was aware that the information he provided about Joseph's forged KCSE certificate was false.
In his ruling, Mr. Ombugah mentioned that the prosecution presented evidence that on June 3, 2019, and November 4, 2019, Alexander lodged a complaint with the DCI's Serious Crimes Unit, accusing Joseph of forging a KCSE certificate. The magistrate noted that an official from the Kenya National Examination Council (Knec) testified in court, confirming that all of Joseph Ngaai Kabugu's certificates were genuine and not forged. Mr. Ombugah pointed out that despite a complaint being filed against Alexander, there was no evidence to show that Joseph Ngaai Kabugu was ever charged in court for the alleged forged certificate. The magistrate stated, "There was no court case or charge sheet produced to show that he (Joseph Ngaai Kabugu) was subjected to any trial or court process as a result of the false information given by the accused." He also criticized the DCI for mishandling the situation and creating unnecessary controversy between Alexander and Joseph.
Mr. Ombugah expressed his disapproval of the DCI's conduct, stating that such reckless behavior by police officers sometimes discouraged the public from sharing vital information with the police to combat crime. He ruled that there was nothing unlawful about the investigation that would incriminate Alexander and suggested that the DCI should have conducted the investigations discreetly and informed Alexander privately that the certificates he had complained about were authentic. The magistrate concluded that Joseph Ngaai Kabugu had not complained about Alexander spreading false information regarding him. Consequently, Ombugah ruled that Alexander had been wrongly charged and should be acquitted.
After examining all the evidence and relevant laws, the magistrate determined that the prosecution had failed to prove its case against the accused beyond reasonable doubt and therefore acquitted Alexander under Section 215 of the Criminal Procedure Code.