Nyeri Magistrate pleads not to be sent to prison where inmates she sentenced are jailed


Nyeri Magistrate pleads not to be sent to prison where inmates she sentenced are jailed
Magistrate Pauline Maisy Chesang appears before a Machakos Court where she was charged with the murder of her husband Robert Chesang. PHOTO | ENOCK MUSWII

In Summary

  • Appearing before a Machakos Court, Magistrate Pauline Maisy Chesang requested to be detained at Athi River Police Station instead of Machakos G.K Prison,
  • Ms. Chesang argued that she was likely to meet inmates she had convicted previously and who were likely to harm her.
  • This was after the court had declined her prayer to be released arguing that she was a serving magistrate who had rendered distinguished service to the Judiciary.

A senior Nyeri Magistrate arrested in connection with the murder of her husband on Tuesday pleaded with the court not to detain her at Machakos G.K Prison, claiming that she could be attacked by inmates she previously sentenced.

Appearing before a Machakos Court, Magistrate Pauline Maisy Chesang requested to be detained at Athi River Police Station instead of Machakos G.K Prison saying she was likely to meet inmates she had convicted and who were likely to harm her.

“If she must be remanded, I pray that she be held at Athi River Police Station and not Machakos where she is likely to encounter inmates whom she might have sentenced while serving in some stations,” stated her lawyer Assa Nyakundi.

This was after the court had declined a prayer by Ms. Chesang, a suspect in the murder of lawyer Robert Chesang, to be released arguing that she was a serving magistrate who had rendered distinguished service to the Judiciary.

“The first accused is a serving magistrate and has not yet taken plea. She is innocent until proven guilty. Keeping her further in custody is an affront to her constitutional rights, and further more she has rendered distinguished service to the judiciary for many years,” added lawyer Nyakundi.

The prayer was rejected on account that the accused was not in court in her capacity as a magistrate but as an ordinary suspect.

The court also, however, accepted her prayer to be held at Athi River Police Station while her co-accused; Richard Moru, Lawrence Lempesi and Peter Maundu, will be detained at Machakos G.K Prison.

Machakos Court Deputy Registrar K. Kenei further ordered Ms. Chesang, alongside her three other co-accused, to undergo mental examination at Mathari Mental Hospital in Nairobi within the next two weeks.

The suspects will hence be arraigned to take plea on April 9, 2019.

The four were arrested following the brutal killing of lawyer Chesang at his home in Lukenya area, Machakos County, on February 17, 2019.

According to reports, Mr. Chesang was tortured before being dragged from his bedroom to the living room where he was shot seven times in cold blood.

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