THE self styled preacher and owner of Aviation college, Peter Manyuru, will be gnashing his teeth after a judge rejected an objection he raised concerning his prosecution at the Makadara law courts.
Manyuru has been locked i a land dispute with Victor Mose Birundu as both lay claim to a parcel of land known as LR no 21190/00/239/1 which the former says he bought from the National Social Security Fund.
In a petition filed at the high court, Manyuru and Stephen Onsembe, his hatchet-man,sued the DPP and OCS Embakasi police station challenging a decision by te authorities to commence criminal proceedings against them, CR No. 1667 of 2017.
The plot in dispute is subject of litigation at the Lands court.
They stated that they discovered that Mose was constructing a wall in the disputed land and “proceeded to stop him” and that when the DPP and Mose colluded to institute the criminal proceedings for the offence of malicious damage to property as they had hired goons who brought down a perimeter wall!
Manyuru had told justice Chacha Mwita that the DPP’s action to prosecute amounted to an abuse of power and that the decision to charge them was tainted with ulterior motives.
“They also contended that the decision to prosecute them is an abuse of the legal process and that their selective prosecution violated their constitutional rights,” the judge remarked while dismissing Manyuru.
Manyuru wanted the criminal trial at the chief magistrate’s court stopped and the decision to charge him and his employee annulled citing oppression, but the DPP in a rejoinder through an affidavit sworn by the investigating officer said that an investigation was launched after a report by Margaret Mose Birundi that a group of 15 men were demolishing a perimeter wall on the dispute property.
The police established that the land parcel had a long standing dispute regarding ownership with a civil case still pending in court.
It was also established that a wall was brought down by a gang armed with crude weapons and that Manyuru’s hatchet-man was arrested and positively identified as one of those who were involved in the demolition.
They also arrested Manyuru later on…
Justice Mwita concurred that the petitioners had not demonstrated well enough how their rights had been violated or tat the prosecution was initiated otherwise than in compliance with the constitution and the law.
“The facts are not in dispute,” the judge said referring to the land dispute case in court.
The judge scoffed
Justice Mwita said there is clear admission from Manyuru that Mose was trespassing on the land and that they stopped him.
“They did not say how they did this. The investigating officer in the criminal case deposed that the petitioners and others were demolishing a perimeter wall which led to making of a report at the police station,” judge Mwita said.
That, after investigations it was found that an armed gang of about 15 people was involved in the demolition.The judge said Manyuru and Onsembe were identified, arrested and charged after the DPP approved their prosecution.
‘The fact of demolition has not been denied by the petitioners,” the judge remarked adding that he could not find an iota of abuse of power by the DPP in prosecuting them with a view of giving Mose an advantage in the pending land case as speculated by Manyuru.
” A party who seeks to challenge a decision of the DPP to prosecute him or her must show that the DPP is violating the constitution or the law in such undertaking…the issue of violation must be clear not speculative,” the judge scoffed.
He said the charge facing them is that of malicious damage and nothing more and that they were demolishing a wall, a thing they have not denied as they themselves stated that they stopped Mose from trespassing on to the property.
“That in my view cannot be selective prosecution to warrant this court from interfering with the criminal proceedings…”the judge said and said he could not place his finger on any slight violation of the constitution as claimed by Manyuru.