- The managers are to be charged with committing terrorist acts and sabotage
- They are accused of failing to act on reports about vandalism to Kenya Power high voltage lines.
Image: HANDOUT
Nine Kenya Power senior managers were Wednesday arraigned but did not take plea as police requested for more time to conclude investigations.
Police asked for 21 days to enable them conclude their probe.
The managers are to be charged with committing terrorist acts and sabotage.
This is after police, in an affidavit, argued that the failure to act on the reports about vandalism to Kenya Power high voltage lines that led to countrywide outage was deliberate and calculated.
The investigating officer Chief Inspector Keith Robert said due to the management failure and inaction which led to the collapse of the four towers and power blackout, the provision of essential and emergency services were disrupted and interfered with.
Robert said the inaction constitutes an act of terror under the definition of “terrorist act”.
The suspects David Kamau Mutitu, George Kipkoech Korir, Julius Karani Mwaniki, Geoffrey Kipkirui Kigen, Anthony Gathii Njaramba, Martin Musyoki Makasa, Joshua Wasakha Mang’eni, Raphael Ndolo Kimeu and Peter Musyoki Kithusya were arraigned before Kahawa chief magistrate court.
Charges of sabotage contrary to section 343 of the Penal Code and commission of a Terrorism act, contrary to section 4(1) of the Prevention of Terrorism Act, were read to them.
The investigating officer said on December 9 last year, a report was made by AP officers who were manning the Expressway construction about vandalism of tower number 7 belonging to Kenya Power.
The same was reported to Kenya Power LAN support system and the management failed to take action.
“Due to management failure and inaction, the vandalism was extended to the neighbouring towers subsequently forcing four Kiambere –Nairobi towers number 11, 12, 13 and 14 to collapse on January 11, 2022,” he said.
Detectives said the fallen towers occasioned a countrywide power blackout.
The detectives added that this led to many Kenyans suffering unexpected losses to their businesses and interruptions of critical and crucial services rendered by various entities to the citizens.
“The systemic sabotage and likely commission of terrorism act could have resulted in a calamity, mass deaths and massive destruction of property and uncountable losses given the high voltage electric current that is conveyed by the said power line,” the detective said.
In justifying sabotage, detectives argued that due to the collapse of the towers, lives of hundreds of Kenyans living along the corridor of the high voltage power line were endangered and this caused serious risk to the safety of the public.
Preliminary investigations reveal that there was an act of negligence and sabotage which was clearly manifested and demonstrated by the attached crime scene photographs which were presented in court.
While requesting for more days, the detectives said due to the bulky nature of the data, digital and electronic gadgets involved, the investigating team comprising digital and electronic cyber forensics experts were yet to comprehensively analyse the digital and electronic gadgets recovered from the suspects workplace.
This would inform on more suitable charges against the suspects which may include serious economic crimes.
The officers further said they were worried about interference from the suspects since most of them share the same profession with the invited independent engineers thus their interaction may jeopardise independent outcome.
Any person convicted of committing a terrorist act is liable to imprisonment for a term not exceeding 30 years.
On Monday, detectives raided the Stima Plaza and carted away computers and other documentation to retrieve the internal communication to establish reports that there was prior communication about the vandalism.
Police said six towers along the Olkaria-Kisumu power line were also vandalised in Naivasha on Tuesday.
Energy Principal Secretary Gordon Kihalangwa yesterday toured the affected parts.
Preliminary investigation also points to sabotage, with the Naivasha incident coming barely a week after the Kiambere-Embakasi line at Imara Daima.
Following the January 11 incident, President Uhuru Kenyatta ordered an immediate probe and action into the said sabotage.
(edited by Amol Awuor)