Alvin Linus Chivondo, the man who hit the headlines for stealing and stealing again after being pardoned appeared before Milimani chief magistrate Wendy Micheni on Monday, May 23. However, before he could take plea, his file was recalled by the Director of Public Prosecutions who discharged him after he agreed to be subjected to psychological examination at the Mathari Mental Hospital to determine his mental status.
Chivondo’s charge sheet, notes that he was arrested on May 19, for shoplifting 5 litres cooking oil and 5kgs of pishori rice valued at Sh2,817 from Naivas supermarket along Ronald Ngala street.
Nonetheless, the DPP through his pro-bono lawyer Vienna Mongare, recalled the plea file for review of the charges.
Chivondo’s lawyer confirmed that the state signed a diversion agreement to release her client after he accepted to be subjected to mental examination and counselling. Moreover, through a written agreement signed by the DPP and Chivondo’s lawyer the DPP said public interest will be served by not charging him.
“After the investigation of the offences and conduct of background check, it appears the interest of the public and your own will best be served by not charging you,” the agreement reads.
Chivondo on the other hand agreed to refrain from violation of any law.
“I acknowledge that in the event of a criminal arrest while on the diversion programme, the ODPP will have the option of terminating the programme,” the letter further reads.
Chivondo is set to report to the diversion officer, attend counselling programme and all scheduled appointments and referrals as recommended by the counsellor. He has also been advised to co-operate in providing any information requested while in the programme.
“I will promptly and truthfully answer all inquiries directed to me by the court or the diversion officer, allow the officer to visit my home, place of work, or elsewhere and I will comply will all instructions he or she may give,” the letter reads.
The DPP addded that if Chivondo obeys all the conditions during the period of diversion no criminal prosecution on this charge(s) will be instituted. Moreover, if charges have already been instituted, they will be terminated or withdrawn without prejudice upon compliance with the conditions during diversion.
