You were charged with malicious damage to private property allegedly on looted public school land.
Justice Joel Ngugi dismissed Ense Ltd’s motion for judicial review and set aside a court order that ends became the negotiation. Judge Ngugi said reviewing the director’s decisions would undermine his constitutional independence.
Mr Gikaria and activists Boniface Mwangi, Elijah Kinyanjui, Moses Gichangi and Francis Kahero were charged with willful and unlawful destruction of a Sh7 million worth of enclosure wall owned by Ense on May 19, 2016 in Naka Estate, Nakuru Town.
They were part of a mob that fell on the fence claiming it had been used illegally carving public land for Naka Primary School. They claimed they were trying to prevent Ense from usurping the land.
In his petition for judicial review, Ense argued that Mr. Gikaria and his co-defendants began meddling with prosecutors immediately after the indictment was brought .
This culminated in the files being requested to be checked by the DPP in Nairobi. The DPP confirmed that there was sufficient evidence to support the indictment.
In a letter dated September 29, 2016, the DPP instructed prosecutors to act on the evidence at the time it appears that Eense the honest owner of. was the land and that the accused acted maliciously when he “intruded” into the property.
But about a year later, before the criminal case could be completed, the DPP wrote a letter on January 9, 2018 , in which she reviewed the decision on the indictment and broke off the process.
The letter states that the DPP had gained knowledge of new information that prompted the prosecutors to continue the criminal proceedings “pending the outcome of the extensive investigations by the DCI and the EACC into the possible commission of crimes by various persons.
The new information was taken from the records of the Land Committee of the National Assembly following a petition and a report presented in the House of Representatives.
The report indicates that the land in question was dealt with by the National Land Commission, which issued two conflicting decisions.
The committee suggested that the Et The hik and anti-corruption commission, the Criminal Police Directorate and the DPP conduct an examination and prosecute persons who have committed transactions relating to the land.
The committee specifically requested that the former trustees of the Naka Primary School – Joshua Kiptoo Toroitich, Harun Chelanga and Stephen Kibowen, who sold the land – are being investigated and prosecuted The July 2017 Kenya Gazette is vacant and owned by a public school.
The DPP said it was imperative to review the property’s status before initiating further legal proceedings.
The court heard that the DCI office in Nakuru was already investigating the matter.
Ense complained that it was not consulted before taking the decision to close the case n was.
But Judge Ngugi ruled that while it would be advisable to hear allegations from an alleged victim before a case is withdrawn, it is not necessary to obtain such consent prior to the case is withdrawn.