A Nairobi court has directed the prosecution to respond to an application challenging the charge sheet against Juja MP George Koimburi Ndungu and four others.
The accused appeared before Magistrate Carolyne Nyanguthi for plea taking over allegations of conspiracy to defeat justice contrary to Section 117(c) of the Penal Code.
The defence, however, challenged the validity of the charge, arguing that the prosecution had created an offence that is not provided for under the law.
Lawyers for the accused also argued that the particulars of the charge did not disclose any act of obstruction and questioned how the accused could have known the contents of a letter allegedly issued by the Office of the Director of Public Prosecutions (ODPP).
The defence further cited Section 137(d) of the Criminal Procedure Code, arguing that the fourth and fifth accused persons, identified as Peter and Juguna alias Njugush, had not been properly described in the charge sheet.
The defence consequently asked the court to dismiss or strike out the charge.
The prosecution alleges that on May 25, 2025, at Mugutha area in Juja Sub-County, Kiambu County, Koimburi, Cyrus Kieru Muhia, Grace Nduta Wairimu, Peter and Juguna alias Njugush jointly conspired to defeat justice by staging Koimburi's abduction.
According to the charge sheet, the alleged abduction was staged to prevent Koimburi from being arrested and arraigned at the Kiambu Law Courts over four charges relating to alleged land fraud.
The prosecution says the charges followed a May 20, 2025 letter from the ODPP directing that Koimburi be charged.
The court has directed the prosecution to respond to the defence application, with the matter scheduled for October 6.
