Patmoz
A businesswoman has been charged before a Kibera court with stealing valuables worth KSh 950,000 and malicious damage to property.
Mary Waithira Gikonyo appeared before Kibera Principal Magistrate Agnetta Ogonda, where she denied the charges.
According to the prosecution, on March 22, 2025, along Kumbe Road in Hardy, Lang’ata Sub-county, Nairobi, Waithira, together with others not before the court, allegedly stole a gold Casino wristwatch, an iPhone 14, a Samsung video camera, three HP laptops, two PlayStations, and two wall clocks, all valued at KSh 933,500, belonging to Eric Munene.
In the second count, Waithira was charged with malicious damage to property, contrary to the law. The prosecution alleged that on the same date and location, she and others jointly and unlawfully destroyed a main gate, doors, window panes, and CCTV cameras valued at KSh 325,000, also belonging to Munene.
Through her lawyer John Swaka, the accused pleaded for leniency, arguing that she is not a flight risk and was willing to comply with any bond terms set by the court.
“Your Honour, I pray for lenient terms considering that the accused is not a flight risk and is willing to comply with the conditions set by this court,” Swaka submitted.
However, State Prosecutor Ismail Jama opposed the application, urging the court to deny bail, arguing that the accused could interfere with ongoing investigations.
“Your Honour, I request that the accused be denied bond because the investigating officer is still tracing the stolen items, and the accused might interfere with the process,” said Jama.
Jama added that although the right to bail is guaranteed under Article 49 of the Constitution, it can be denied if there are compelling reasons to do so.
The defence, however, dismissed the prosecution’s argument, noting that no valid reasons had been presented. Swaka further stated that the case stemmed from a matrimonial dispute between the accused and her ex-husband.
After considering both submissions, Magistrate Ogonda ruled that bail is a constitutional right and that the prosecution had not provided compelling reasons to deny it.
“I have considered the application by both sides, and I hereby grant the accused a cash bail of KSh 50,000 with one contact person,” the magistrate directed.
The magistrate also barred the accused from contacting the investigating officer or sending him messages except through her lawyer.
The matter was scheduled for mention on November 27, 2025, for pre-trial and further directions.
Shadrack Nyakoe
