The owner and caretaker of the five story building that collapsed in Huruma estate have lost a request in a Nairobi court for anticipatory bail.
They had wanted to prevent their arrest and prosecution concerning the mishap.
Through lawyer Gichuki Kingara ,James Mwangi and caretaker Teresa Wanjiku Mwangi wanted the court to grant them anticipatory bail pending arrest for the collapsed Casanova building in Huruma that claimed three innocent lives.
“To prevent possible arrest and unfair prosecution of the applicants, it is necessary that anticipatory bail be granted,” their lawyer Kingara had said.
The Office of the Director of Public Prosecution(ODPP) opposed the application.
A police officer in an affidavit had said the two have switched off their mobile phones and moved out of their known residential home.
He claimed after the two were summoned to Pangani Police station, they came but sneaked out of the police station before completion of investigations.
The investigating officer claimed that, the businesswoman in her statement alleged that she was the owner of the building, while the second applicant was the financier of construction of the building.
But investigation revealed that Teresa Wanjiku is the caretaker of the building and James Mwangi Maigua is the financier of the building contrary to their earlier statement.
Justice Ngenye macharia while dismissing the application on June 11 2018 said it “had no merit.”
“I decline to grant the prayers sought…” the judge said.