The hearing of a robbery case facing an auctioneer over the demolition of a couple’s Sh20 million house failed to kick off on Tuesday at a Nairobi court following the prosecution’s bid to amend the criminal charges.
The magistrate also stated that the court had noted the prosecution was not ready to proceed with the trial of auctioneer Zachariah Baraza and his associate Nathaniel Kipkemboi.
Asking the court to adjourn the proceedings, James Gachoka, the prosecutor, said that the State intended to amend the charge sheet and consolidate the case with another one facing three other suspects who are still at large.
Though the court allowed the postponement of the hearing, it said that the State has had sufficient time to prepare for the hearing and to consolidate the cases.
“The prosecution had sufficient time to prepare for this matter and even to amend the charge sheet before today when the matter was set for hearing... it is noted, however, that the accused persons in the said file have not even been arrested or arraigned before this court,” said Milimani Senior Principal Magistrate Bernard Ochoi.
“My take is that the prosecution is not well prepared for this matter. I will grant a final chance in the interest of justice. The court however will direct that this is the last adjournment,” he added.
He also extended the warrants of arrest issued earlier against the three missing suspects – Samuel Chepkwony, John Rotich and Joel Kiplagat –to July 20, 2023. and items valued at Sh18.1 million
Mr Baraza and his co-accused have since denied the charges and are out of custody on a bond of Sh5 million.
Mr Baraza, who trades as Siuma Auctioneers, was arraigned in court in November 2022 after the eviction and demolition of the house owned by Mr Niraj Batuk Shah and Ms Avani Niraj.
He was accused of robbery with violence and malicious damage of property. He was accused of evicting the couple on November 4, 2022, from the home situated at Westlands School lane in Nairobi.
