An auctioneer arrested over the violent eviction of a family in Westlands has been released on a cash bail of Sh200,000.
In his ruling, Magistrate Gilbert Shikwe said Zachary Baraza of Siuma Auctioneers should be reporting to the investigating officers whenever he is summoned to do so.
The cash bail will be relinquished once a formal charge has been filed against him.
The court also said the police did not demonstrate that Zachary is a flight risk.
"I do not believe the investigators need 14 days to record witness statements," said the Magistrate.
"Even if I'm to accept the reasons given by the DCI as to why he needs time to do a search at the land registry or value the land to get the exact valuation of the damage or record witness statements, the question that I have to ask myself is, does the respondent need to remain in custody while this is going on, "added the Magistrate.
After the court's decision, Zachary told the press that he was just following a court order presented to him.
Baraza of Siuma Auctioneers was arrested following complaints raised by the Asian family for violently evicting them from their home in Westlands.
The complainant Niraj Shah said that Baraza led 25 people to their family home in the Westlands area and destroyed establishments in the said area.
The DCI said they have since established that buildings on the parcel of land were extensively vandalized and losses incurred amounted to Sh70 million.
The DCI wanted Baraza detained for 14 days on grounds that 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,” read an affidavit by Sergeant Eric Onyango.
The police said Baraza should remain in custody as they are yet to record statements from essential witnesses and they are yet to secure a comprehensive valuation report by a registered property valuer to be able to determine the actual loss incurred by Shah after the vandalism.
This request has been declined by the court.
