Kangema MP Muturi Kigano on Wednesday, January 8, sued Murang’a County deputy county secretary Kuria Thuita for pulling down a billboard he had erected during the 2017 general elections.
Speaking to Kenyans.co.ke, a correspodent based in the area indicated that the deputy county secretary was arrested by police officers in a Murang’a hotel on Tuesday, January 7, and locked for the night at Kangema Police Station.
“We understand that the police whisked him away yesterday without the knowledge of the county government,” remarked the reporter.
Appearing at the Kangema Law Courts, Thuita who was represented by five lawyers, objected to the charges, arguing that he acted as a county official and not in his personal capacity and that charging him was equal to abusing his rights as an office holder.
In a report published by the Daily Nation, one of Thuita’s lawyers Josphat Kimwere stated that the county government did not undertake the action selectively but removed all other billboards along the Murang’a-Kangema highway after drivers along the highway complained of obstruction.
Kimwere further argued that the county was at liberty to remove the campaign materials when the need arose for the public safety along the busy road.
“The complainant, MP Muturi Kigano, wants the court to protect an illegality in the first place. The Election Act gives a deadline for the removal of the campaign materials.”
“If the charges against Mr Thuita are sustained, it will open the door for politicians to abuse the court process,” remarked Kimwere.
According to Kangema Sub-county Administrator, William Gatuku, the county government had the responsibility of ensuring motorists were protected, challenging the MP to sue the county rather than a junior official.
“The residents can bear witness that after the removal of the banners, things have changed for the better.”
“Kigano’s billboard was just one of those that were removed. There was a roundabout that needed reconstruction too and the billboard had to be affected,” indicated Gatuku.
The prosecution, led by Rose Sempelle opposed the application by the defence to drop the case calling for the case to proceed against Thuita.
“The defence has not laid reasonable grounds to warrant the court [to stop] the plea. I have instructions from my senior to commence the case after carefully perusing the file.
“The accused is facing a criminal charge, an act he committed himself and as to whether he did so as a result of his office, those are matters that can be raised during the trial,” the prosecutor told the court.
The Senior Principal Magistrate PM Kiama rejected Thuita’s application to dismiss the case, indicating that the defence did not show enough proof to warrant the decision.
“No law has been cited to show that the suspect should not take plea. No one is above the law and I hereby order that the plea is taken,” he directed.
The judge ordered that Thuita be released on a Ksh100,000 bond and Ksh50,000 cash bail awaiting the hearing to be held on May 14, 2020, with the pre-trial hearing taking place on March 26, 2020.
