• One co-accused denies assaulting two people during the incident.
• Prosecution alleges former MP may interfere with investigations if freed on bail.
Former Tetu MP James Ngung’u Githinji and two others were on Wednesday arraigned for creating disturbance and assault in Kihiko estate on Tuesday.
Githinji, estate developer and chairperson, his secretary Chacha Mabanga and employee Frankline Mutegi were charged with creating disturbance in a manner likely to cause a breach of peace.
According to the charges, on July 2 at Kihingo Village, Waridi Gardens in Kitisuru, they interfered with renovations of one of the houses.
Appearing before chief magistrate Francis Andayi in Milimani, the three denied all the charges.
Mutegi was charged with three more counts, two of assault and another of malicious damage to property.
Mutegi, jointly with others not before the court, allegedly assaulted George Wajackoya occasioning him bodily harm during the incident.
He is also accused of assaulting Kisorkumar Varkani during the incident during which he allegedly knowingly damaged his sweater worth Sh1,000.
The prosecution, led by Dancun Ondimu, opposed their release on bail on grounds the former MP he is very influential and could interfere with investigations.
Ondimu said Githinji, as an ex-MP and former chairman of the departmental committee on Defence and Foreign Relations, has the capacity to interfere with witnesses.
The prosecutor said during the incident, there were a number of people who sustained injuries and properties damaged.
“The injured persons are still undergoing treatment, it will not be in the interest of justice to release him until a medical report on the extent of injuries is done,” said Ondimu.
Ondimu also contended that the three had associates who are yet to be arrested and "it is important that all the accused are apprehended before bail can be allowed".
The defence argued that the offences were petty and should not warrant their denial of bail.
Mutegi's counsel Wills Otieno argued that those said to have been assaulted were present in court and, therefore, no need for assessment to ascertain the extent of the damage.
“The law is blind to the stature. There is absolutely no ground to detain the accused. Creating disturbance as an offence is no reason to flee one’s country where one has called home all their lives,” Otieno said.
Otieno said the matter is civil as Kihingo Garden is a property developed by Githinji. He said the matter has been dragged for a long time and its components are not criminal.
“The house that was being renovated has a lease. The first accused is the chair of the Estate Management Board while the two others were employees. The time of arrest comes just after High Court maintained the status quo in the leadership,” he argued.
Andayi referred the matter to chief magistrate Martha Mutuku to make a ruling on bail on Wednesday 3.30pm.
Edited by R.Wamochie