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A former convict is seeking Human Rights Commission and Equality Commission to intervene to secure his property worth Sh5.4 million he lost while he was serving a jail term of 18 years.
Benjamin Mbithi, who hails from the hilly parts of Kathiani constituency in Machakos county, said he moved from the area in 1987 and settled in Kwale county.
"I went to Mombasa in 1982. I did not stay there for long because I did not have a job. I went back home and returned in 1987 for greener pasture." With the help of his uncle who lived in Kwale, he raised capital and started a woodwork shop selling tools and other equipment in Ukunda.
Mbithi said his workshop grew fast. He soon opened a restaurant at Ukunda showground. "The business was booming. From the profit I made from the businesses, I built a house and rental property." He said apart from the hotels his business advanced, allowing him to open a boutique and a studio that sold music cassettes next to his workshop.
Costly scuffle
Mbithi said trouble started at his showground hotel after he had a scuffle with the chief who was asking him to vacate. "The chief said I had come from upcountry and I did not own any plot in Diani. The chief said I was encroaching on his property but the municipal council had approved my operations."
Mbithi moved to Kwale court and filed a civil case against the chief.
The father of four says on August 19, 2005, he was going on his daily duties at his showground hotel when the chief in the company of police officers ordered him to close the hotel.
In the process of arguing with the officers he took a panga and attacked the chief. "That is when one of the officers shot me on my right leg and they took off." He was admitted at Msambweni hospital. Mbithi was later charged with violent robbery and he was sentenced to death on November 21, 2008.
He was set free on July 26, 2022.
"By the time of arrest my property was worth Sh5 million. I had rental houses and a house in Kibundani." He now lives at his parents' with his children, who have no jobs. His wife died in 2009.
"My rights have been infringed. I call upon the relevant authorities to investigate my complaints and demand a refund of my property which was destroyed," he said.
- John Muia
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