Auctioneer in demolition saga loses bid to have robbery with violence case dropped
A Nairobi auctioneer has lost his bid have the court quash a robbery with violence case in which he is charged with demolishing a couple’s house in Westlands Nairobi worth millions of shillings last year.
Zachariah Baraza had urged Chief Magistrate Wendy Kagendo to quash the capital offence and set him free.
Mr Baraza, who is charged alongside Nathaniel Kipkemboi, sought the court to discharge them as evidence in the case does not support a capital offence.
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The two are charged with two counts of robbery with violence and malicious damage to property.
Mr Baraza had also said the case filed against him by the Director of Public Prosecutions (DPP) was not meant to achieve justice but other motives.
In her ruling, the Magistrate said subordinate courts lacks jurisdiction to interpret the law and the same is bestowed upon the superior court.
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She said the court in its own motion cannot interfere with the discretion of the DPP to prefer criminal charges against the accused persons.
She pointed out that the decision by the DPP to withdraw corruption cases against Deputy President Rigathi Gachagua, Cabinet Secretary Aisha Jumwa and businesswoman Mary wambui cannot be equated with the two accused persons’ case.
The court said the counsel appearing for the two accused persons didn’t sight any law or file a petition or affidavit to support his argument seeking withdrawal of charges against his clients.
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