Man accused of damaging foodstuff, drinks at his ex-wife’s Nairobi hotel in bitter child custody wrangle

By , K24 Digital
On Wed, 26 Jan, 2022 19:49 | 2 mins read
The accused person when he appeared before a Nairobi court Photo/Courtesy

A 40-year-old man has been arraigned in court for malicious damage of food and soft drinks at his ex-wife's restaurant and chasing the customers while demanding to see his children. 

Timothy Kithinji Mukare who pleaded not guilty to the offense is alleged to have damaged the said food and sodas worth Ksh60,000 on October 4th, 2021 at Nogak restaurant located in Upper Hill.

At the time of committing the offence the accused is alleged to have damaged three crates of soda bottles and overturned food inside the food warmer at the restaurant on the property of Noraa Gakii.

Timothy faces a second count of causing a disturbance at the restaurant. 

"You are charged that on October 4th, 2021 at about 1430 hrs inside Nogak restaurant in Upper Hill within Nairobi county you created disturbance likely to cause a breach of peace by shouting and chasing away customers at the said restaurant being the business premises of Noraa Gakii," read the charge sheet of the second count.

According to court documents seen by K24 digital, the accused went to the restaurant and started causing chaos.

"The accused, who happens to be the ex-husband of the complainant, came to her restaurant and started causing chaos. He stated that he had come to pick their children, yet the children are supposed to be with their mother according to the custodial order which was issued by the children's court," read the police report in part. 

It's alleged that on entering the restaurant, he overturned the food warmer which had unsold food rendering them unsellable. It is also alleged that he broke crates of soda.

The report continues to say that members of the public, who were taking lunch at the restaurant, were chased away by the accused, who kept telling them to leave so that he can close the restaurant. 

In mitigation for bail Timothy through his lawyer, Robin Bundi, told the court that the accused and the complainant are fighting for property ownership and children. 

He also pleaded for leniency saying they have been trying to settle the matter out of court with complainant since last year.

"We have tried to negotiate with the complainant, The hotel in question is jointly owned by the two," said Bundi

Chief magistrate Wendy Micheni released the accused on Cashbail of Ksh30,000 and ordered the matter to be mentioned on February 7th 2022.