UoN Chancellor's feuds
with brother exposed
with brother exposed
Prof Mbithi's epic fight to stop criminal charge unfolds
By Anchor Reporters
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| Prof Peter Mbithi,(R) the Deputy Vice Chancellor, University of Nairobi at his office |
The Kenya Police, as usual, emerges stinking from the events that have left the girl dismissed from the University of Nairobi nearly three months after being rated as exceeding Expectations upon her first evaluation and then being subsequently charged with sending Professor Peter Mbithi allegedly offensive text messages over his mobile phone. The case was later thrown out after Prof Mbithi failed to appear in court to testify. Yet all this drama has unfolded for years in silence. Just how does this happen?
The courts have not been spared in the mess. Once pressure was exerted, Prof Mbithi was charged in a Kangundo Court on January 3 2011 with malicious damage to property. He Failed to appear in court and an arrest warrant was issued by Kangundo Principal Magistrate.
Rather than be arrested, Prof Mbithi went to the High Court and obtained a pre-emptory order, given a bond for Sh 100,000 and ordered to report to the Kangundo Principal Magistrate on February 6 2012, then return to the High Court and report compliance.
Professor Mbithi did not obey the order. Instead, he returned to another court and successfully sought a Judicial Review Orders of prohibition in miscellaneous Civil Application so as to bar the Police Commissioner from Arresting him, the Director of Public Prosecutions from Prosecuting him and the Kangundo Principal Magistrate’s Court from hearing his case.
On learning of this development, his brother Joseph Mwanzia Mbithi, the man who raised the complaint that led to the case in Kangundo court went to the same court and sought to be enjoined in the matter as an interested party.
He was allowed and filed affidavits in response to Professor Mbithi.
In the judicial review application, Prof Mbithi claims his right had been infringed on by being charged in court before the police notified him of their intention to prosecute him. But his brother countered that that claim is untrue: That the Prof Knew Police had come to arrest him on the day of the offence and that he, his wife another brother and others locked themselves in the Professor’s house to avoid police arrest, a development that resulted in a sworn statement made by a police officer in the Kangundo Court before the warrant of arrest was issued.
The story is long- It has averments of Prof Mbithi's alleged sexual entreats to a daughter of Mr Mwanzia a, dismissed case of alleged abusive messages by the daughter on the Professor and a litany of dirty stuff.
So the cases have been coming up for mention and a full hearing is expected in March for the main application even as the Hight Court awaits an explanation by Prof Mbithi why he never went to court and plead as ordered.
It appears in the pleadings that the Prof is scared that his job at the University of Nairobi may be on the line as he alleges that his brother has vowed to have him dismissed over the family fiasco. Whether this is true or not is neither here nor there. The fact of the matter is that the day Prof Mbithi steps in court to plead to the alleged charges, he will be ineligible to hold the public office he holds as the Deputy Vice Chancellor- Finance and Administration. This is likely to be what scares him out of his skin.
Even as the drama unfolded, Prof Mbithi made all efforts to ensure that the media does not cover the cases. The first efforts were made by his sister in law who is a former assistant minister. He has done so successfully because none of the daily press, radio and TV covers his family feuds. He has made several efforts to secure a no coverage deal with Mbaitu FM to no avail and has gone to the extend of threatening to take the Kamba vernacular station to court so as to scare it into silence.
As we went to press Kangundo MP Nduya Muthama had waded into the fiasco by agreeing to be the go between. He held a meeting with Prof Mbithi and them went to meet his elder brother-Mr Mwanzia. Incidentally Mwanzia says he paid for fees for the Prof and was his best man during his wedding in better days before the ruckus over the entreat on his daughter escalated.
Muthama returned to meet Mr Mwanzia on February 27 with a proposal for a settlement which Mr Mwanzia agreed to on condition that it must be executed before any matter in court is withdrawn. The anchor has obtained some of the terms f the proposed settlement which we run below.
Muthama’s Mission
“For the first time Johnson Muthama visited the family of Joseph Mwanzia on 30th Jan 2012 to get clear information of what has been happening. After getting the information, he and Prof. Raphael Munavu met Prof. Mbithi on 8th February 2012. Today the 27th February 2012 Hon. Muthama visited Joseph’s family to bring the report from Prof. Mbithi.
Those Present in the Meeting;
1. Hon. Johnson Muthama (MpKangundo)
2. Mrs. Charity Chepkonga (DC Kangundo)
3. Mrs. HarriettaWanyama (OCPD Kangundo)
4. Mr. WanderiMwangi (DCIO Kangundo)
5. Mr. Francis WambuaMboya (Councillor Kangundo)
6. Mrs. Josephine K. Thomas (Chief Kanzalu Location)
7. Michael Ndunda (Reporter Mbaitu FM)
8. Joseph Mwanzia Mbithi (Complainant)
9. Patricia M. Mwanzia (Joseph’s wife)
10. Pascaline M. Mwanzia (Joseph’s Daughter)
11. Fr. Josephat M. Mwanzia (Joseph’s Son)
It was as follows:
1. Prof. Mbithi accepted to remove the wall he had built to block the access road leading to their mother’s compound so that it remains as before.
2. Prof. Mbithi agreed to compensate all the damages which he and his younger brother Charles have caused to Joseph Mwanzia’s property i.e. a perimeter wall, two houses, toilet and bathroom, a weakened storey building and as well as the maliciously damaged perimeter wall he caused on the 5th Dec 2009 (Ref Kangundo Police Ob No 23/7/12/2009).
3. Prof. Mbithi to compensate on behalf of his younger brother Charles for all the medical expenses incurred for the treatment of Joseph’s daughter Pascaline Mueni who was shot by Charles with a catapult on 18th October 2011.
4. Prof. Mbithi to compensate for the court expenses incurred by Teresia Ndunge the daughter of Joseph Mwanzia in the cases no 1562/2009 and 410/2010 whereby Prof. Mbithi and Teresia signed a deed of settlement on 23rd June 2011 to have the cases withdrawn but Prof. refused to honor the agreement.Futher to compensate for legal costs of criminal cases no. 774/2011 and 04/2012 of his younger brother Charles and his own case no. 05/2012 at Kangundo Court.
5. Prof. Mbithi has accepted to remove all the iron sheets he had put on Joseph’s perimeter wall.
6. Hon. Muthama Promised to meet the lawyers of both parties on Wednesday 29th Feb 2012 to draft the deed of settlement.
7. Proposal from Joseph’s Family is that; In order to show that Prof. Mbithi is genuine and sincere, He should go personally to Court on 02/03/2012 and withdraw case no. 410/2010 where he accused TeresiaNdungeMwanzia for sending offensive messages before the judgment takes place.
8. In reply Joseph has accepted these proposals and said they have to be met fully before he withdraws the cases touching Prof. Mbithi and Charles Mbithi.”
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