- Court want the affidavit to explain the circumstances under which they executed the demolition.
- They made the remarks in an application that sought to detain Baraza pending further probe into the matter.
A Lands court has directed an auctioneer accused of violently evicting an Asian family from their home in Westlands to swear an affidavit.
Court want the affidavit to explain the circumstances under which they executed the demolition.
Justice Oscar Angote said Zachary Baraza of Siuma Auctioneers and an advocate identified as Nyakundi should file the affidavits by Friday.
The judge wants an explanation because an eviction notice was not issued by the magistrates court in relation to the property.
“That order was not supposed to be interpreted as an eviction notice. It appears your clients presented you with the wrong order," Angote said.
"I insist that I get an explanation by way of an affidavit on which orders were executed."
The case will be mentioned on Monday next week.
At the same time, a magistrate court will on Thursday rule on whether Baraza will be detained for 14 days at Muthaiga police station pending further investigations.
Baraza was arrested following complaints raised by the Asian family for violently evicting them from their home.
The complainant Niraj Shah says Baraza led 25 people to their family home and destroyed the establishment.
The DCI said they have since established that buildings on the parcel of land were extensively vandalised and losses incurred amounted to Sh70 million.
They made the remarks in an application that sought to detain Baraza pending further probe into the matter.
The court heard that since Baraza was arrested, they are yet to recover the household goods and other personal effects of the complainant that were allegedly taken away by the goons led by Baraza.
“Preliminary investigations have revealed that those household goods and personal effects may have been sold on the instructions of Baraza and that is why his assistance is essential towards their recovery,” an affidavit by Sergeant Eric Onyango reads.
The police said Baraza should remain in custody as they are yet to record statements from witnesses and a comprehensive valuation report by a registered property valuer to determine the actual loss incurred.