Accused in Naivasha land row want court to visit site

They also want identity of complainant revealed and owner ordered to present title deed.

In Summary
  • Defence lawyer argued that the person who is said to have been aggrieved by the alleged offence is unknown.
  • Francis Kibet Bor, farm manager of Eburru Hills Farm Limited, is listed on the charge sheet as the complainant.
Court gavel
Court gavel
Image: FILE

People accused of maliciously damaging a fence valued at Sh2.5 million in a Naivasha have asked the court to visit the scene before case proceeds.

Appearing before Milimani Magistrate Gilbert Shikwe on Wednesday, the accused persons through their lawyer also sought to know identity of complainant.

The lawyer argued that the person who is said to have been aggrieved by the alleged offence is unknown.

He said the person listened in the charge sheet should be ordered to present the land's title deed.

"We are seeking that the title deed and the survey report be issued to the accused persons because it is critical," he said.

Francis Kibet Bor, farm manager of Eburru Hills Farm Limited, is listed on the charge sheet as the complainant.

The defence lawyer also poked holes into the case and questioned why the matter was brought to Nairobi instead of Naivasha Law Courts, on the basis of jurisdiction.

Upon determination, Magistrate Shikwe ordered the State to serve the defence with the Title deed.

The accused persons, who have since pleaded innocent in the matter, include David Mwaura Wanjiru, Eliud Kinyanjui, John Maina, Julius Njoroge, Julius Kinyua, Elijah Mugwe, Peter Kimani, Bernard Mwangi, Hiram Ngatia and Daniel Njogu.

Others are George Kimani, Paul Maina, Joram Mogeni, Benjamin Mwangi, James ngugi, Joseph Macharia, Joshua Nyanyasi, James Makena, Ann Wanjiku, Ruth Wangui, Alvin Kamano, David Chege, James Gakinya, Ngugi Wanyeki, Njoroge Kungu.

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