Community leader in the disputed Delmonte land saga in court

Murang’a South,

Tuesday, October 24, 2023

KNA by Florence Kinyua/Eric Mwangi

A community leader from Kandara Murang’a County, was arraigned at a Law Court in Kenol, Monday, facing three criminal charges.

The accused, PMG Kibiru Junior, was arrested on the October 20 in the Ruaka area of Kiambu County, by Police officers from Kirwara Police Station.

In the case, Kibiru was charged with theft, inciting violence, and resisting arrest. 

The Court heard that on September 28, 2023, the accused together with others not before the Court stole construction equipment worth Sh.149, 684 at Ithanga, Kakuzi Sub-county.

In the second offense, Kibiru and others have been accused of inciting violence, an act which created disturbance and disrupted peace. 

The Court heard that on September 28, 2023 at the Delmonte Farm in Ithanga, Kakuzi Sub-county, Murang'a, the accused in collaboration with other people, created disturbance and disrupted peace, where they destroyed property and prevented the construction of Kenneth Matiba Level 5 Hospital, which is being constructed by the County Government of Murang’a.

The accused has also been charged with resisting arrest, on October,20 at Amani Apartment located in the Ruaka area of Kiambu County.

The accused denied all the three charges pressed against him.

Appearing before Kenol’s Senior Resident Magistrate, Sheila Nyaga, the accused sought three applications through his two advocates, Kamau Mbiu and Mr. Waitua. 

Regarding resisting arrest, advocate Mbiu requested the Court for the presentation of the OB Report from Kirwara Police Station in Court, to disclose the crimes committed by the accused and disclose the complainant in the case filed against Kabiru.

The advocate further instructed the Court. to order the presentation of the October,20 OB Report from Ruaka Police Station, regarding the arrest of the accused. 

According to Kamau Mbiu, the Report will shed light on whether the arresting officers from Kirwara Police Station, notified Ruaka Police Station officers of the arrest, as the area within which they arrested Kibiru, is outside their jurisdiction.

The third application filed is in regard to inciting violence, where the accused and others allegedly prevented the construction of Kenneth Matiba level 5 Hospital.

In the matter, the defense side requested the Court, to summon the Governor of the County Government of Murang’a, Irungu Kang’ata, to shed light on the ongoing construction of Kenneth Matiba level 5 hospital on Delmonte farmland. 

According to the defense side, the ongoing construction project, is contrary to the orders issued by the High Court in Nyeri in the year 2022, that demanded the Delmonte Land remain unoccupied and not to be used in any way.

Kibiru was released on a Cash Bail of Sh.80, 000 or an alternative Bond worth Sh. 200,000, with a surety of a similar amount.

The case will be mentioned on November 7,2023.

Courtesy; KNA