The criminal case against seven people accused of setting fire to the Kikuyu NG-CDF offices and damaging the Deputy County Commissioner’s office during the June 25th demonstrations has failed to proceed after four prosecution witnesses declined to appear physically in court.
The witnesses had been scheduled to testify before Senior Principal Magistrate Zipporah Gichana, but instead went to the Office of the Director of Public Prosecutions in Kiambu to testify virtually.
The prosecution told the court that the witnesses were ready to give evidence through a virtual link, but technical and network challenges frustrated the process, prompting a request for an adjournment.
The development left the defense and the accused questioning why the witnesses could not appear physically, with the defense accusing the prosecution of employing delaying tactics.
Led by Stephen Kigathe Kionywe, the defense argued that it was unusual for all four witnesses, who were known to the prosecution, to suddenly decline to appear physically and later say they were too tired to proceed with the virtual hearing.
The seven accused face one count of arson contrary to Section 332(a) of the Penal Code and two counts of malicious damage to property contrary to Section 339(1).
The prosecution alleges that on June 25th, 2024, at Kikuyu Township in Kikuyu Sub-County, the accused, jointly with others not before the court, unlawfully set fire to the Kikuyu NG-CDF offices valued at 20 million shillings.
They are also accused of setting fire to a Toyota Land Cruiser belonging to NG-CDF, valued at 2.5 million shillings, and damaging the Deputy County Commissioner’s office by breaking window panes, damaging the roof and perimeter wall, with the total damage valued at 600,000 shillings.
The court has now directed that the four witnesses be summoned to testify virtually on December 15th, after indicating that they fear appearing physically before the accused.
The case will be mentioned on December 15th for the virtual hearing.
