Masolia Loveto and Co.Advocates who acts for an Italian national, Emilio Fioravant and his wife Ann Kinanu Kaburu has taken issue with DPP Malindi office over the manner in which it is handling two assault cases involving their clients and a US national, Philip Andrew King.
The Law firm through Lawyer, Moses Masolia, questions how their client’s police file was recalled to the ODPP’s office for review for the second time and has since taken over five months before is taken back to court.
Masolia says efforts to have the two files presented in court have hit a deaf ear despite of them writing several letters to the ODPP. Adding that, they suspect foul play by the office of the DCI and ODPP Malindi to have the cases delayed.
“The above refer and our letter dated 13th October, 2023. We are aware that contents of our letter elicited the above file being being forwarded to your good office, to date we have not received any response and our clients were charged on 19th October 2023 and a plea of not guilty entered“ _one of the letters read in part._
The ODPP had earlier ordered for review of the same file of affray charges against the American National,Philip King.
“The upshot of the above is that the evidence discloses that Ann Kaburu was assaulted by Andrew King and the charge sheet should be amended from Affray to assault causing actual bodily harm.
The allegations against Ann Kananu on allegation of Breach of peace do not meet either the evidentiary of public interest test and are brought in bad faith, to sanitize the actions of Philip King” _the ODPP report read in part._
Philip had been accused of assaulting Ann Kinanu Kaburu for over five times following a disagreement among the duo.
However police at Malindi police station had proposed to the ODPP to have the victim charged alongside the complainant after they were allegedly compromised by King Philip.
Several reports seen by Alshifaa media services indicate that the assault ordeals were first reported in March last year under OB Number 45/30/03/2023 at the Malindi Tourist Police.
In April 2023 Kaburu filed another assault report at the same police station under OB Number 31/27/4/2023.
And in June the same year, Kaburu yet again visited the same police station to report and was issued another OB number dated 25/01/06/2023.
Yet again in July, she reported another similar incident under OB Number 94/25/07/2023.
In August last year Ann Kaburu had also told K24 Digital that Philip Andrew was beating her due to a delayed processing of a land title deed for a house that she sold to him at a cost of Ksh6 million in November 2022.
Kaburu alleged that the American was being protected by a senior police officer at the Malindi Tourist Police Unit who always ordered for his release whenever he got arrested.
Masolia on February 2, 2024 requested Malindi senior principal magistrate, Hon. James Ong’ondo to give them a nearer date for hearing and order the ODPP to present the files in court as Philip had already sold the house in question and so was a flight risk.
The two matters were mentioned on May 6, 2023 for hearing.
Written By: Peter Maseke
