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City businessman tells court to drop case on threats to kill Jacob Juma

Nairobi-based debt collector Bryan Yongo on Monday asked a court to terminate a case in which he is accused of threatening to kill businessman Jacob Juma.

Mr Yongo told a Kibera court that the complainant had died with his case and that proceeding with it would be waste of time. Mr Juma was killed early this year in unclear circumstances.

“It is the complainant who could explain the ordeal of the day that gave rise to this case. Jacob Juma is dead and I should be discharged,” he submitted.

The prosecution opposed his application stating that the case was a “public prosecution” and should be allowed to proceed.

“There is a lacuna in law on how courts should handle cases when complainants die. Since this is a public prosecution, the case should proceed. Let the prosecution provide the evidence it has so that the court can make an informed decision,” Ms Mary Wangele, the prosecutor submitted.

In the case, Mr Yongo is accused of threatening to kill Mr Juma along Brookside drive, Nairobi, in November 8 2014, a charge he has denied.

He is jointly charged with four other suspects Patrick Ochieng Okumu, Kennedy Otieno Omwanda, Pascal Ouma and Salmon Njoga Otira with preparation to commit a felony.

Prior to his death, Mr Juma had testified in the case but was stood down to allow the court visit the scene of the alleged incident before cross examination by the defence.

On Monday, the prosecution also asked the court to summon the secretary of Kenya Firearm Licensing Board to shed light on the validity of Mr Yongo’s firearm certificate.

“It is not clear whether the accused had a valid firearm licence as on November 8, 2014. We ask the court to summon the secretary of the firearm licensing board to clarify this issue,” Ms Wangele said.

Kibera Chief Magistrate Ann Ong’ijo will rule on the applications on October 10.