It was a clear case: he had been found with the lost items and his wife had admitted as much. Indeed, Nyayo then disappeared from Mwisho wa Lami but was arrested a few days later as he campaigned for our MP at night.
As you already know, Nyayo was our MP-elect’s key pointman in Mwisho wa Lami and its environs, but the general complaint was that although the MP gave him a lot of money to give us, the money never reached the people.
The MP-elect, however, went to the police and immediately secured his release the next day, after which Nyayo proceeded with campaigning for him.
Although Nyayo referred to himself as the MP-elect’s senior campaign manager, his role was a physical one, as he mainly was dispatched to cause trouble during rivals’ campaign meetings, and maintain security during the MP-elect’s meetings.
When he was released, Rashid took the matter to court. Surely, it was clear to everyone that Nyayo’s days were numbered since Rashid had many witnesses including Saphire and Rasto, among others.
Real thieves
This did not deter Nyayo and he bragged to anyone who cared to listen that there was no case. “I am innocent and I will prove to the court that I have never stolen,” he said. “And when I am cleared, the real thieves will be the ones to go to court.”
Nyayo’s candidate won the elections; but no sooner was he done with celebrating than the court case came calling. Rashid, to ensure he won the case, had been maintaining his two witnesses, Rasto and Saphire, which included taking care of their needs at Hitler’s every evening; or at Kanungo, wherever the two preferred.
The case was meant to come up for mention in court last Thursday. A day before, the MP-elect visited Mwisho wa Lami and its environs. After addressing a rally outside Kanungo, the MP-elect left, but not before visiting Rasto at his home.
Accompanying the MP-elect were Nyayo and Saphire. The MP-elect stayed at Rasto’s home for an inordinately long time.
It was only after he left that the three — Saphire, Nyayo and Rasto — arrived to mark the registers at Kanungo. They were in a jovial mood. After greeting everyone, the three sat huddled together a distance from the rest of us, and kept talking in hushed tones.
Alphayo tried to lure them into general discussions but he failed miserably, as the three were clearly unwilling to join us.
But when the issue of the court case came up, Nyayo loudly bragged how he would win the case on the first day.
“We do not want the case to take long, we want to finish this thing tomorrow,” he said.
On the day the case was up for mention, it was like a mini-holiday in Mwisho wa Lami as everyone who could walked to the county headquarters.
Some who arrived early claimed they had seen the MP-elect leave the court premises in the morning, but since others also said they never saw him around the courts, we can never tell for sure if the MP-elect visited the court or did not.
Other cases came up before Nyayo’s case. Soon, rumours spread that Nyayo’s file had disappeared. This caused a big commotion as Mwisho wa Lami residents confronted the OCS, demanding that the file be produced. Miraculously, the file was found at around midday and the case proceeded.
After formal introductions, Rashid, the complainant, stood up to speak. He was led through the questions by a police officer.
“Where were you on 10th February, 2013?”
“I was at home, but in the evening I want to Dre’s house to watch a match between Algeria and Burkina Faso.”
“What happened as you watched the match?”
“This thief stole some things from my house,” he said pointing at Nyayo.
The policeman warned him against calling Nyayo a thief after which he asked Rashid if he had any evidence. Rashid showed the court a torch, a pair of shoes and a radio, claiming that they had been re-covered from Nyayo’s.
Nyayo was next in the dock and he maintained that on the material day, he was busy in Mwisho wa Lami campaigning for the MP-elect, after which he returned home to sleep.
Credible witnesses
The judge then asked if any of them had any witness. Nyayo informed the court that he had no witnesses while Rashid said he had two credible and honest witnesses who would prove the case against Nyayo.
First to take to the witness box was Saphire. After formal introductions, Saphire explained how he had spent that day with Nyayo on the day Nyayo was accused of theft.
“I was with Nyayo the whole day including when we watched football at Dre’s after which I escorted Nyayo to his house to sleep.”
“Then what happened after that?” the police prosecutor.
“I do not know what happened but I believe that Nyayo went to sleep.”
“Mr Saphire,” the policeman said, “Your evidence now is different from what you wrote in the statement you made to the police.”
“Yes I know, but what I am saying now is the truth.”
“What about you earlier statement?” the policeman asked.
“That was not the truth. I had been paid to tell lies but I have decide to speak the truth,” Saphire said, a statement that was met by loud murmurs within the courtroom.
“So it is your evidence that Nyayo did not steal?”
“Yes, he could not have stolen since he was busy with the campaigns.”
The policeman thanked him and welcomed Rasto to testify. Rasto introduced himself as a prominent businessman in Mwisho wa Lami.
Honest man
He described Nyayo as a hardworking, industrious and honest man and just like Saphire, he also claimed to have been with Nyayo the whole day when the theft reportedly happened.
When he was informed that his testimony differed from what he had earlier given in a written statement to the police, Rasto insisted that what he was saying was the truth, and that he had been forced to give the earlier statement.
‘Who forced you?” asked the prosecutor?
“The police,” he answered. “They had even trained me on how to speak here but I have decided to say the truth.”
The judge went to his chambers and promised to give a ruling after lunch. We were back in court at 2pm. After reading a lengthy judgment, he dismissed the case and declared Nyayo a free man.
“Go back to Mwisho wa Lami and continue with your honest, nation-building activities,” the judge said.
There were quiet murmurs as we left the courts. Just then, the MP-elect’s car arrived and Nyayo, Saphire and Rasto jumped in after which the car sped off. Nyayo’s case had spectacularly collapsed.
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