By Andrew Mbuva.
A robbery with violence case in Kangundo Law Court took an unusual turn after four accused persons questioned the impartiality of the trial magistrate and unsuccessfully sought to have the proceedings halted or transferred.
Principal Magistrate Hon. Daffline Sure briefly adjourned the court for 15 minutes to prepare a ruling after the suspects raised objections to her continued handling of the matter, citing lack of trust in the court process. Upon return, the magistrate ruled that there were no legal grounds warranting her recusal and directed that the hearing proceed.
The accused persons—Duncan Wambua Kimeu, Dennis Ndolo Mutunga, Wambua Kinyili Mutunga, and Charles Mutinda Margaret—had also requested that the case be moved to the High Court in Machakos and further demanded the withdrawal of State Counsel Vivian Nagenya, alleging prior involvement in earlier proceedings.
The matter is the second time the case has faced a recusal-related interruption in Kangundo, after Senior Principal Magistrate Sammy Opande previously stepped aside, resulting in the file being transferred from Court 1 to Court 2.
In her ruling, Hon. Sure stated that judicial recusal is only warranted where a magistrate has a direct interest in a matter, is a material witness, or has prior personal involvement capable of compromising impartiality—conditions she said were not applicable in the present case. She cautioned against attempts to intimidate or improperly influence judicial proceedings through repeated recusal applications.
The court subsequently proceeded with the hearing, with five prosecution witnesses taking the stand. These included Inspector Martin Gitahi, Chief Inspector Nicholas Mulei, Corporal David Tebess, Benjamin Mutua, and Police Constable Bernard Mungai. Three additional witnesses are expected to testify.
The case relates to the kidnapping of former chief physiotherapist Titus Muteti Kilika, who was abducted on April 29, 2024, at Kambai Junction along the Kangundo–Mwala Road in Machakos County and taken to a hideout in Lukenya.
During the incident, Kilika reportedly lost a Samsung mobile phone, identification documents, several bank cards—including Equity, Family, Sidian, and Shirika—and approximately KSh 1.5 million in cash.
A key witness, Benjamin Mutua, told the court he was misled by one of the accused, Duncan Wambua Kimeu, into withdrawing money under the guise of an emergency. He testified that they later visited a casino in Westlands, Nairobi, where they withdrew KSh 300,000, gambled part of it, and shared KSh 10,000 each, only to later discover the funds had been fraudulently obtained from a kidnapping victim’s account.
Magistrate Sure ordered that the accused persons be remanded at Machakos GK Prison, while two who are out on bond were directed to strictly comply with their bond conditions.
The matter is scheduled for a prison mention on June 24, with the accused expected back in court on July 16, 2025.
