BY SAM ALFAN.
Embattled auctioneer Zacharia Baraza and a property developer Nathaniel Kipkemboi have lost a bid to stop robbery with violence charges against them.
Outgoing Milimani Chief Magistrate Wendy Muchemi ruled that the subordinate court lacks jurisdiction to interprete the law the same is bestowed upon the superior court.
The magistrate said the court in its own motion cannot interfere with the discretion of the DPP to prefer criminal charges against the accused persons.
Baraza and Kipkemboi sought to be discharged of the criminal charges because the DPP has discontinued charges against among others Deputy President Rigathi Gachagua.
But the magistrate pointed out that the decision by the Director of Public Prosecution Noordin Haji to withdrawal Anti-Corruption case against Deputy President Rigathi Gachagua, Public Service CS Aisha Jumwa and Communication Authority of Kenya Chairperson Mary wambui cannot be equated against the two accused persons case.
The court said that lawyer appearing for the two accused persons didn’t sight any law or file a petition or affidavit to support his argument seeking the withdrawal of charges against his clients.
“The court cannot withdraw a case that has been validly filed and cannot make a decision without having a look into prosecution evidence,” she said.
Kipkemboi is a director Lariak Properties limited a company alleged to be behind demolition of a house in Westlands area.
He has been charged with robbery with violence alongside auctioneer Baraza.
Prosecution told the court that Kipkemboi and Baraza jointly with others not before court robbed Niraj Batuk Shah and Avan Niraj Shah of their properties.
It is alleged that he committed the offence on November 4, 2022 at Westlands school lane area in Nairobi county.
According to charge sheet produced in court by prosecution, the valuables include electronic appliances, jewelleries and assorted household goods all valued at Sh18 million.
The charge sheet further indicate that immediately after stealing the property worth over Sh18 million, they threatened to use violence against the said elderly couple residing in the demolished house.
He was released on a cash bail of Sh2 million and a bond of Sh3 million.
