A suspended police officer was on Monday, October 31, charged with conspiracy to defeat justice by forging his ex-wife’s signature in an Occurrence Book (OB) at Dandora Police station.
The prosecution alleges that the letter was part of documentary evidence to be used in the case where his former wife Kithu had sued him over their child’s upkeep.
Mutisya is alleged to have committed the offence on January 10, 2019, at Dandora Police Station with others already charged in court.
“On January 10, 2019, at Dandora Police Station, within Nairobi County, Mutisya jointly with others before court conspired to defeat justice by forging the signature of Josephine Muindi Kithu, a complainant at Dandora Police Station vide OB NO. 75/09/01/2019 on purported withdrawal letter which was presented before Milimani Children’s Court No.6 as documented evidence and witnessed by he (Mutisya) and Benard Malombe respectively,” the charge sheet states.
The court further heard that Mutisya on October 4, 2021, fraudulently uttered a forged withdrawal letter before the Milimani children’s court as documentary evidence purporting it to be genuine and validly signed by Kithu.
He denied the charges before Milimani chief magistrate Wendy Kagendo and urged the court to grant him reasonable pleaded bond terms saying he had been interdicted and produced a letter of his interdiction.
The court heard that Mutisya is not a flight risk as he is a police officer and the dispute in court is between him and his former wife.
The lawyer protested the delay to have the accused arraigned in court since his arrest on Monday last week claiming that the investigating officer has been acting on the orders of the complainant, Kithu.
“My client was arrested on October 19 and was to be brought before court last week. But according to the investigating officer, the given date was not convenient for the complainant,” she said.
Mutisya and Kithu previously lived as husband and wife for 11 years until 2019 when they separated due to marital problems.
In a judgment issued at Milimani Children’s Court on April 25, 2022, by Principal Magistrate Gitonga, Kithu narrated to the court that in January 2019 Mutisya accessed their home and was drinking in the presence of the children and when she asked him about it, he turned violent and dragged her to the kitchen where he turned on the cooking gas threatening to burn her.
The magistrate released him on a cash bail of Ksh100,000 or a bond of Ksh200,000.
The prosecution also informed the court that earlier in this month, two police officers who helped Mutisya forge the OB signature at the Dandora Police station were also charged.
Judy Musau and Bernard Malombe denied forgery and abuse of office charges.
The two cases will be mentioned on November 14 for consolidation.
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