Court frees auctioneer linked to demolition of Sh70 million property
A court has freed an auctioneer linked to the demolition of a Sh70million residential house in Westlands on a cash bail of Sh200,000.
While rejecting a plea by the Director of Public Prosecutions (DPP) Noordin Haji, to have Zachariah Baraza detained for 14 days for further questioning in relation to the incident, senior principal magistrate Gilbert Shikwe said ‘police have failed to avail evidence to warrant the detention of the auctioneer’
The magistrate heard over 25 goons descended on the property of Mr Shah and pulled it down at the weekend, subjecting him and his family to agony, suffering, and mental anguish.
The demolition of the prestigious residence elicited a hue and cry with the action earning the wrath of the public and esteemed members of society.
Also read: Football clubs react to FKF’s move to nullify league
Narok Senator Ledama Ole Kina toasts to 1 million Twitter followers
“Baraza who is an auctioneer led about 25 people into the property in dispute in Westlands, Nairobi along School Lane then destroyed the establishments therein,” a state prosecutor told Shikwe while pleading to detain the suspect for 14 days.
Police, the magistrate heard, needed more time with the auctioneer to interrogate him thoroughly with a view to knowing the real people behind the invasion and demolition of Mr Shahs property.
But defence lawyer Bryan Khaemba opposed the plea to detain in custody the suspect saying ‘he committed no wrong since he is an officer of the court by virtue of being an Auctioneer’.
Mr Khaemba said Baraza was carrying out instructions from his clients who claimed ownership of the one-acre parcel of land on which the house is built.
Releasing Baraza on bond, Shikwe said bail is a constitutional right of any suspect being investigated over any criminal offence or even after arraignment.
He directed Baraza to comply with police investigators probing the demolition of Mr Niraj Shah’s property which he claims he has a lease of 50 years.
The magistrate further said police did not file a holding charge against Baraza to enable it to peg its decision on the same.
He proceeded to consider while determining the detention plea.
The magistrate directed that the matter be mentioned on November 22, 2022 for further directions.