Mwalimu Katana in Mombasa court

A guy who refused to enter a plea and asked the judge to impose his incarceration sparked a commotion in the Mombasa law court.

Mwalimu Katana told the court when he appeared before Mombasa Chief Magistrate Martha Mutuku that he was not prepared to enter a plea to the accusations of theft brought against him.

Katana declared, "I will not enter any plea if you do not order my imprisonment at the investigating police station."

Following his stance, Mutuku asked the defendant why, after his arrest, he had chosen not to enter a plea to his accusations.

"Explain the issue; why don't you want to enter a plea to the charges?" She took a stance.

The defendant quickly retorted to the court, saying that he would only enter a plea if the cops who had caught him were forced to restore his cash—Ksh8,700—and a toolbox.

"I am interested in staying at the Makupa police station until the officers give me my money, after which they are able to bring me before the court, and that is the only moment when I will be ready to enter a plea to the charges," he said.

Mutuku commanded that the suspect be kept in custody at the Makupa police station. The investigating officer was also served with a summons by the magistrate.

"Summons are hereby served against the officer conducting the investigation to show up before this court and corroborate the levelled accusations," she said.

According to Section 268(1) of the Criminal Code, read with Section 275, Katana was previously charged with theft.

The specifics are that he stole a radiator and a motorcycle frame on August 13 of this year at around 10 a.m. in the Makupa neighbourhood of Mombasa CBD.

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