By NT Correspondent.

Director of Public Prosecution Renson Ingonga has appealed against the acquital of ten men who had been accused of demolishing a perimeter wall on a disputed parcel of land in Eastlands area.

The DPP filed the appeal before the High Court challenge the acquital of the officials Sowesavva social welfare group, who also lay claim on the land.

They included Benita Olando, Peter Owino, David Makau , Kennedy Odhiambo, Titus Okoth, Boniface Anyiego, Calvince Ooko, Patrobas Otieno, Nick Owango and Philemon Otieno.

The officials had been charged with malicious damage to property.

In a review application, the DPP prosecution argue that trial Magistrate erred in failing to evaluate the totality of the prosecution’s evidence as against the defence case, thereby arriving at a finding that was contrary to the weight of the evidence on record.

Trial magistrate Robert Shikwe acquitted the ten saying the evidence produced raised considerable doubt as to the veracity of the claim against the accused persons.

“Consequently, they are found not guilty of the main charge of malicious damage to property and the alternative of forcible entry and they are accordingly acquitted under section 215 of the Criminal Procedure Code,” ruled magistrate last year.

But the DPP says the Magistrate misdirected himself in attaching probative value to the evidence of Gidjoy Investment security Supervisor Dickson Otieno despite his lack of authority or personal knowledge of the issuance of the said enforcement notice.

The prosecution says the magistrate failed to consider that he had no official authority from the Nairobi City County to authorize the alleged demolition or to appear in court as a witness on its behalf.

The DPP added that the magistrate acquitted the ten solely on the basis of the uncorroborated testimony of Otieno without due consideration of the prosecution evidence.

He said the magistrate failed to consider the complainant’s eyewitness, who positively identified the acquitted as the persons responsible for the demolition and damage of the perimeter fence.

The DPP said the trial court failed to consider that the alleged enforcement notice was not addressed to the complainant, and that it related to property known as Nairobi Block 82/7333, which was distinct from and unrelated to the parcels of land supported by the certificates of lease produced in evidence by the prosecution.

They further fault the magistrate for finding that the acquitted men had no intention of taking over possession of the complainant’s properties, despite the evidence of Nick Omondi Onyango, who expressly stated that they were laying claim to the properties as members of Sowesava Self-Help Group.

“The trial Magistrate erred in law and fact by finding that there were contradictions regarding the date of arrest of the Respondents, yet the testimony of the Investigating Officer clearly established that the 1st to 7th Respondents were arrested on 27th March 2018, and the 8th to 10th Respondents were arrested subsequently after being positively identified by the complainant as among the offenders,” argues the prosecution.

The officials were charged with wilfully and maliciously demolishing a wall on March 27, 2018 at Donholm phase 8 in Embakassi East sub-county in Nairobi county.

The property belongs to M/s Gidjoy Investments Limited and thereafter chased away security guards from the premises in a violent manner, while armed with crude weapons.

The prosecution called eight witnesses to testify during the trial.