The Director of Criminal Investigation (DCI) boss Amin Mohamed now wants to be allowed to continue holding auctioneer Zachary Baraza who is alleged to be behind illegal demolitions of a multi-million house in Westlands for two weeks to enable further probe into the matter.
Baraza, who was arraigned in court, is being investigated for 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 Milimani Senior Principal Magistrate Gilbert Shikwe on Wednesday, November 11 to grant them 14 days saying that they are yet to recover household goods and other personal effects belonging Shah that were allegedly taken away by the goons led by Baraza, recover the vandalized windows, roofing tiles and building stones that were carried away 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 has been informed that Baraza is 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 are yet to be arrested, may be used as prosecution's witnesses and that there is the probability of him (Baraza) interfering with them should he not be detained, thus, would make investigations difficult.
Baraza opposes DCI appeal
However, Baraza's lawyer, Brian Khaemba, strongly opposed the application by the state.
"It is unlawful to detain Baraza for 14 more days especially where there is no holding charge presented before the court. The respondent be released on reasonable bond terms," Khaemba told the court.
He urged the court to release him on a Ksh20,000 cash bail.
He also said that Baraza was executing his lawful work as an auctioneer following a court order issued by the High Court.
In a previous interview, the Shah family maintained that they are the legal occupants since their lease to the land is still valid.
They added that they are 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.
The magistrate will rule on whether to allow the application or not on Thursday, November 10.
Meanwhile, judge Oscar Angote of the Lands and Environment High Court has ordered the auctioneer Zachary Barasa to proceed to file affidavits explaining the circumstances under which the demolition was executed by Friday, November 11.
