Zachary Baraza the man alleged to be behind the illegal demolitions of a multi-million house in Westlands on November 4, 2022, has been freed on a Ksh200,000 bond.
While appearing before Senior Principal Magistrate Gilbert Shikwe on Thursday, November 10, 2022, Baraza was granted bail and ordered to report to the investigating officers whenever he is summoned.
In his ruling, Magistrate Shikwe noted that officers failed to demonstrate that the auctioneer was a flight risk.
"I do not believe the investigators need 14 days to record witness statements. Even if I'm to accept the reasons given by the DCI as to why he needs time to do a search at the land registry or value the land to get the exact valuation of the damage or record witness statements, the question that I have to ask myself is, does the respondent need to remain in custody while this is going on, "the Magistrate ruled.
Baraza arraigned in court
Baraza had been arraigned in court on Wednesday, November 9, 2022, for allegedly leading 25 people to the Avani Shah's family home in Westlands Area along School Lane where they vandalized property amounting to Ksh70 million.
The DCI, through Sergeant Eric Onyango, urged Magistrate Shikwe to grant them 14 days saying that they were yet to recover household goods and other personal effects belonging to Shah, vandalized windows, roofing tiles and building stones that were carried from the site.
While applying for more days, Onyango informed the court that preliminary investigations revealed that the stolen items may have been sold on the instructions of Baraza, and thus detaining him for more days will help towards their recovery.
"The 14 days would help us record statements from essential witnesses, and arrest Baraza's accomplices," he said.
In an affidavit filed in court by Onyango, the court was informed that Baraza was a flight risk because he had initially declined the summons to appear before the investigators at the DCI offices for interrogation.
Onyango added: "It took specialized technology and expenses to locate and arrest Baraza. Moreover, the offences that he is being investigated for are grave and, thus, the temptation to abscond,"
The court heard that some of Baraza's accomplices, who were yet to be arrested, could be used as prosecution witnesses and that there was a probability of him (Baraza) interfering with them should he not be detained, thus, would make investigations difficult.
Baraza opposes DCI appeal
Baraza's lawyer, Brian Khaemba, strongly opposed the application by the state.
"It is unlawful to detain Baraza for 14 more days, especially where no holding charge is presented before the court. The respondent should be released on reasonable bond terms," Khaemba told the court.
He further urged the court to release him on a Ksh20,000 cash bail noting that his client was executing his lawful work as an auctioneer following a court order issued by the High Court.
Shah family on ownership
In a previous interview, the Shah family maintained that they were the legal occupants since their lease to the land was still valid.
They added that they were still in possession of a court order dated November 1, 2022, which directs that the plaintiff (Lariak Properties) be restrained from trespassing or interfering with their possession of the land.
It is said that a search at the registrar of companies showed that Lariak Properties was registered in 2002 and has four directors namely Nathaniel Kipkemboi Barmasai, Samuel K. Chepkwony, John Kamaiyoa Rotich, and Joel Kiplangat who are said to be connected to a high profile person in the country.
