Directors in court challenge withdrawal of case against Nakuru Town East MP

Nakuru Town East MP David Gikaria before Senior Resident Magistrate Judicaster Nthuku. [Boniface Thuku/Standard]

A company has appealed against a decision to withdraw a case of malicious damage of property facing the Nakuru Town East Member of Parliament.

In an application dated June 22, 2018, ENSE Company Limited, through lawyer Gordon Ogola, wants the High Court to declare the decision of the Director of Public Prosecutions (DPP) an abuse of the criminal justice system.

In the suit, the DPP and the chief magistrate's court in Nakuru are named as respondents. MP David Gikaria is named as an interested party.

Mr Gikaria and Moses Gichangi, Elijah Kinyanjui, Boniface Mwangi and Francis Kahiro Mwangi had been charged with malicious damage to property.

On May 19, 2016, at Naka in Nakuru town, they allegedly wilfully and unlawfully damaged a perimeter wall worth Sh13 million, the property of ENSE Company.

Gikaria also faced another charge of theft. On June 2, 2015, at Naka estate in Nakuru, he allegedly stole 300 wheelbarrows, 500 pieces of Y12 pipes and four water tanks, all valued at Sh2 million, the property of ENSE Company.

In a letter annexed in the application, the DPP ordered the withdrawal of the case on February 15, 2018, under Section 87 (a) of the Criminal Procedure Code.

The application will be heard on October 2, 2018.