BY LYNN KYALO – A Kibera court today allowed an application in which Concerned Citizens Alliance, an Non-Governmental Organisation was requesting to be enjoined to testify in the case in which Ukambani Agricultural Institute Official are charged with damaging property worth Sh 500,000 allegedly belonging to City Doctor Pamela Olet.
The NGO had requested to be enjoined in the case so as to provide crucial critical evidence that they believed was essential in the case.
The case involves,Jonathan Kamondi, Nicholas Musyoki and Stephene Ndambuki both members of UKAI, accused of destroying Meladen restaurant paremerer wall in a land conflict in Upper Hill within Nairobi County the property of Dr. Pamela between September 3 and October 1 2019.
All of them when arraigned in court and denied the charges and were released on bond.
In her ruling, Kibera Senior resident Magistrate Hon. Esther Boke ruled that the NGO application was only approved on the ground that, its evidence be brought in court inform of police statement but not as the interested parties.
The Magistrate ruled that,the case was criminal but not civil which the NGO could be allowed to participate at interst parties.
She however allowed its members to attend court sessions and witness the proceedings as they occur.
“I dismiss the application but let the Members of the Concerned Citizen Alliance go to police record statements and it be brough in court as evidence, this is a criminal court which allows any evidence that is crucial for the achievement of justice, I theirfore allow its members to attend court session and see the proceedings,” She ruled.
Reacting on the ruling, their lawyer said that the ruling was optimistic as it allows them to testify in one manner or so.
“we have accepted the ruling but however we are not satisfied but we want to thank the court for allowing as to record statements and be brought in court as evidence.