Gidjoy Investment Operations Manager has failed to explain to court why the incident report of an attack on their property in Donholm says the report was made at Savanna base and not Buruburu police station as he alleged.
Mark Munge testified during examination in chief that after receiving a call from his head of security informing him that they were under attack, he called Buruburu police station and told the guard to do the same.
Giving his testimony before Principal Magistrate Gibert Shikwe, Munge testified that he called the OCS Buruburu and reported the matter.
“On 27th March 2018, he received a call from Dickson Nyairo, the security in charge saying that they were being attacked by Patrobas (one of the accused persons) and his group. I told him to call the police,” said Munge.
Munge testified that he recorded his statement on the same day at 5 PM.
The defense lawyer also pointed out that the crime and incident report also shows it was reported at 10.30 AM and not 8AM as the manager claimed.
The court heard that the manager has worked for the land selling company since 2012 and had been authorised by one of the directors, Gideon Muriuki, the CEO Cooperative Bank of Kenya, to testify on behalf of the company.
Munge said that he received the call at about 7.45 and visited the property at 9 am.
According to the witness, when he got there, he went inside the said land together with the guards and found that about 100 meters of the wall had been destroyed.
“We had a fence of wooden poles and wires around the 7 acre land. The damage was valued at about Sh 144,000,” Munge testified.
The court further heard that the land has been subdivided into 36 parcels.
In the case, 10 Sawesava group members are charged with malicious damage of a perimeter wall belonging to Gidjoy.
The accused perons are Benita Alando Nailanel, Peter Keya Owino, David Mutuku Makau, Kennedy Odhiambo Alex, Titus Ochieng Okoth, Boniface Oduor Anyiego, Calvince Ochieng Ooko, Patrobas Awino (group secretary), Nick Omondi Owango and Philemon Otieno are charged with malicious damage of the said fence.
Sowesava Self-help group and Gidjoy Investment have been in logger heads over the ownership of the said land.
Both parties claim to possess title deed as proof of ownership.
The High Court ordered the parties not to interfere with the said land until the hearing and determination of the case.
Munge also testified that the property had been invaded before, about three days before the March 27 attack where again the fence was damaged.
“About three days before, on 24th March 2018 we were attacked again by unknown people,” the witness added.
In addition, the court was told that the witness was named as the victim of the offence and not Gidjoy Investment, a company associated with Muriuki and wife Joyce.
Questioned on which plots the fence was damaged, the witness said he was not sure of the same.
During cross-examination by the sixth accused who did not have legal representation, the court heard that the Operations Manager had nothing to prove that the wall was erect the day before the alleged damage.
The court further heard that the Manager did not know who attacked them on 24th March yet is indicated in the charge sheet that it was the accused persons.
