MALICIOUS DAMAGE CASE

Ex-DCI boss Muhoro had no interest in disputed Sh20m property, court told

Suspects were charged after clearance by the public prosecutor.

In Summary

• An officer investing malicious damage to the Sh20 million property belonging to Isaac Maina said all suspects were charged after clearance by the public prosecutor.

• In the case, the politicians are charged with malicious damage to the property alongside Stephen Muiruri Ngatho, John Maina Waithera and James Githere Mburu. 

Milimani law court
Milimani law court
Image: FILE

Former DCI boss Ndegwa Muhoro did not influence the arrest of George Jonathan Maara and Peter John Kamau Ruhangi over a property dispute in Kiambu county, a court has heard. 

An officer investing malicious damage to the Sh20 million property belonging to Isaac Maina said all suspects were charged after clearance by the public prosecutor. 

Joseph Mucheru, a detective from the Directorate of the Criminal Investigation's office, made the remarks during cross-examination by defence lawyer Kiraithe Wandungi.

Muhoro was in April 2017 replaced by George Kinoti before he was nominated Kenya’s ambassador to Malaysia on July 24, 2018.

In the case, the politicians are charged with malicious damage to the property alongside Stephen Muiruri Ngatho, John Maina Waithera and James Githere Mburu. They have denied committing the offence on March 13, 2016 at WonderJoy Party World in Ridgeways in Kiambu.

Maara is separately accused of misuse of his licensed firearm. He allegedly used his Ceska pistol to threaten guards Rimon Lientikiei and Richard Mutisya.

Mucheru told the court that he took over the investigation file from his colleague following his transfer to another station.  

Milimani chief magistrate Martha Mutuku adjourned the case after prosecution witness Isaac Nyoike, a chief valuer with Nairobi county, concluded his evidence-in-chief.

Witness Isaac Nyoike, another chief valuer with Nairobi county, told the court that the land on which the property was destroyed belonged to WanderJoy Party World. The defunct City Council of Nairobi gave the company temporary use of the property. 

Nyoike said Wanderjoy received a Temporary Occupation License of the two acres of land block 27/326 in 2011 for a leasehold of 25 years.

He told the court the General Purpose Committee met on April 14, 2011 to issue the lease. The committee was chaired by Simba Arati, currently Dagoretti North MP.

The court heard that Wanderjoy reclaimed the swampy parcel over four years. 

Nyoike said the lease was to take effect on January 1, 2008, and the property be used for recreational purposes, wedding and conferences. The company could only construct car sheds to shield vehicles from harsh weather conditions.  The complainant was also required to pay Sh38,000 annual rent.

WanderJoy proprietor Maina owns two-and-half acres adjacent to the place his damaged installation partially occupies. The land is not developed and is only used as a parking lot.

According to CCTV footage being reviewed by CID sleuths, the demolition targeted the wall and liquified gas installation in the premises. Security agents fear the commotion could have triggered a potentially devastating explosion.

The case will be mentioned on February 18 to confirm whether parties have filed and exchanged written submissions. 

 

(edited by o. owino)