Activist Boniface Mwangi to face destruction of property charges

Activist Boniface Mwangi to face destruction of property charges

 

A Nakuru court has summoned activist Boniface Mwangi to appear before the court on February 27, 2017 for the hearing of a case over malicious destruction of property.

According to Mwangi’s lawyer Pascal Mbeche, the defendant had been summoned by a Kibera court to give evidence over claims that he had received threats on his life thus missed court on Monday.

“I have furnished the court with summons my client was served with to attend a court in Kibera. His life and that of his family has been threatened and he was to give evidence in Kibera,” Mbeche told the court.

His application was downplayed by state prosecutor Hillary Sungoiyo and the complainant’s lawyer Gordon Ogola.

“We have noted with concern the absence of Mwangi. He never showed up during the last mention on November 28 last year due to similar claims. We pray that he be issued with a warrant of arrest for contempt of court,” Sungoiyo told the court.

Ogola told the court that Mbeche should be arrested for not advising his client to attend court despite this being a weighty matter.

“Generally, one should give priority to the matter that came first. Mwangi was summoned last week and he ought to have told that court that he has another matter on that day since this date was fixed in November last year. Action should be taken on the accused,” Ogola said.

In his defense, Mbeche said that Mwangi had received threats on his life and that of his family members.

“My client is not just wallowing somewhere, he attended another court to give evidence. His safety is at stake and he went to shed more light to that court. I advised him to attend that court so that he may get the much needed safety,” Mbeche said.

In his ruling, Chief Magistrate Josphat Burudi said that the summons was valid and the accused was required to report to that court as a matter of law.

Mwangi has been accused of destroying a perimeter wall surrounding a disputed 10-acre piece of land at Naka, Nakuru East sub-county estimated at Ksh13 million.

He was accused alongside Nakuru Town East Member of Parliament David Gikaria and Flamingo Ward MCA Moses Gichangi.

Others include Naka Primary School Head Teacher Francis Kihero and journalist Elijah Kinyanjui.

The case will be mentioned on February 27.

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property courts justice Activist Boniface Mwangi

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