Several lawyers among Jeremiah Kioni fomer LSK president Eric Theuri Ndegwa Njiru mbugua Mureithi among others today faulted the charging of 25 residents of Naivasha in Nairobi instead of Nairobi where the offense took place
The 25 who are alleged to have invaded a 2,504acre farm and damaging a perimeter fence worth Sh2,543,184 last month.
“These local residents of Gathondia Village in Naivasha County are being subjected to persecution for they did nothing to warrant their prosecution,” Mr Kioni teaming up with immediate former LSK President Eric Theuri, Kibe Mungai, Mwenda Njagi, Mbugua Mureithi, Njiru Ndegwa besides 20 others told Milimani senior principal magistrate Gilbert Shikwe.
The defence lawyers bitterly protested at the arraignment of the 25 and a bid to evict thousands of Naivasha residents from the farm in dispute at the instigation of politicians.
“We shall file a Constitutional petition at the High Court to protect the rights of the accused who purchased the land in 1969 from a British settler Gilbert Corovell at a cost of Sh20 per acre,” Mr Kioni said.
Njagi , Mureithi, Theuri, Kioni and Mungai urged the magistrate to free the suspects on a reasonable cash bail saying “they have been moved from court to court within Rift Valley and Nairobi shopping for a proper magistrate to try the suspects.”
Mr Kioni said a bid by the Moi regime players to take over the land from the current occupants failed and “President Ruto will equally fail.”
The 25 suspects arraigned before court are David Mwaura Wanjiru, Eliud Kinyanjui Mungai, Ann Wanjiku, Ruth Wangui, David Chege Mwaangi and Julius Kinyua John among others.
The 25 have been accused of conspiring to damage barbed concrete poles fence valued at Sh2,543,184 the property of Eburu Hills Farm Limited on February 29,2024.
Shikwe heard that the 25 maliciously damaged a barbed concrete poles fence the property of Eburu Hills Farm Limited situate at Gathondia Village, Ndabibi Location in Naivasha sub-county Nakuru.
Mwaangi was separately charged with stealing barbed wire and a concrete pole valued at Sh10,000.
In addition he was charged with handling suspected stolen property to wit 30 metres of barbed wire, a broken concrete pole, a bow and a matchete (panga) knowing they had been stolen or unlawfully acquired.
Mr Mureithi urged the magistrate to dispense with the accused attending technical hearing of the case.
“During the pre-trial of this dispense with the accused persons attendance. Allow lawyer only to be in court.The accused are poor peasant farmers in Naivasha and they should not be caused to incur expense attending a court case in Nairobi while they should have been charged in Naivasha where the said dispute farm is situate,” Mureithi pleaded with the magistrate.
The court freed the suspects on a cash bail of Sh20,000 and fixed the case for pre-trial directions within a fortnight.