Nineteen people accused of maliciously damaging the fence disputed Naivasha land have questioned the jurisdiction of the Nairobi court which is hearing their case.
The 19 who have been charged damaging a fence belonging to Eburru Hills Farm Limited valued at sh 2.5 million, claimed the matter ought to be heard by a Naivasha court since the alleged crime happened there.
The accused are; Ruth Wangui Mwangi, David Mwaura Wanjiru, Eliud Kinyanjui Mungai, John Maina Ngugi, Julius Kinyua John, Elijah Mugwe Ndenderu, Hiram Ngatia Ndirangu.
Others are Alvin Kamano Ngugi, Ann Wanjiku, Daniel Njogu Njuguna, George Kimani Thuku, Paul Maina, Benjamin Ndirangu Mwangi, James Ngugi Nganga and Joseph Macharia Mwaura.
Through their lawyer Kibe Mungai, they also claim that the complainant in the case is not known and he should be ordered to produce a title deed of the said land .
“Look at the peculiarity of this matter, that this court has no jurisdiction…it’s the reason as to why we have those courts in Naivasha.We are seeking that the title deed and the survey report be issued to the accused because that is critical,” Kibe told the court.
Magistrate Gilbert Shikwe directed the prosecution to serve the defense with the title deed and appear on 23rd on May.
The accused are Ruth Wangui Mwangi, David Mwaura Wanjiru, Eliud Kinyanjui Mungai, John Maina Ngugi, Julius Kinyua John, Elijah Mugwe Ndenderu, Hiram Ngatia Ndirangu.
Others are Alvin Kamano Ngugi, Ann Wanjiku, Daniel Njogu Njuguna, George Kimani Thuku, Paul Maina, Benjamin Ndirangu Mwangi, James Ngugi Nganga and Joseph Macharia Mwaura