Kiambu MCA tells court Thika trader burnt her house and property worth Sh150m

The hearing of a case in which a Kiambu MCA has sued a market trader over the torching of her house in 2015 has kicked off at the Thika Magistrates Court.

Kamenu Ward MCA Elizabeth Muthoni Hussein has accused Mary Wamuyu Gatumu, a trader at Thika's Madaraka market, of wilfully and unlawfully setting fire to her house, her vehicle and her business premises leading to losses amounting to Sh150 million.

Ms Muthoni's house was burnt on November 22, 2015, a day after the Makadara market was torched by unknown people the previous night.

The MCA, who was the first to testify, told the court that her house was burnt down by an irate mob that accused her of being aware of the people behind the burning of the Madaraka market.

"It was on a Sunday at around 9.45am. I was preparing to go to church after my children left for Sunday school when a call came through warning me that there were some people who were buying fuel in jerry cans at a local petrol station with the intention of causing harm on me," Ms Muthoni told court.

OVERHEARD WAMUYU'S VOICE

Ms Muthoni told the court that the caller put his phone on speaker so she could hear what the group was chanting in loud voices.

That was how she overheard Wamuyu's voice saying she wanted her either dead or alive.

She told the court that she immediately ran out of the house and hid in a corner of a house that was still under construction, waiting for the worst to happen.

Moments later, she said, a charged mob forced its way into her compound, set fire on her house through one of the windows and burnt her Toyota Premio car which was parked outside the house.

She said she managed to see and overhear what the arsonists were saying as they committed the offence.

"I saw Wamuyu holding a jerry can of fuel together with another lady who also held a bottle of fuel. [They] threw the fuel into the house through my living room window after which she lit up the fire which burnt up my phones, laptops, computers, furniture, laundry machine, fridge, gas cylinders, a television set, two gym equipment, clothes and other items," the MCA told the court.

BURNT 600 SODA CRATES

She further claimed that the arsonists were behind the torching of 600 crates of soda which were kept in a container near Polysack Industries in Kamenu Ward.

Muthoni added that two hours later, police arrived and lobbed tear gas canisters at the mob which dispersed giving her room to seek refuge at her neighbour’s house.

Two days later she recorded a statement at the Thika DCI offices after which investigations begun and the accused was arrested in April 9, 2016.

During the cross examination, defence lawyer Mbiyu Kamau faulted the MCA for what he said were discrepancies between the statement she gave to the investigating officer and the one recorded under OB No 23/24/11/15.

In her defence, the MCA said the OB was recorded by an officer at Thika Police Station while she was still in panic mode but what she gave the investigating officer was her detailed personal statement.

"We do not get to read what the police write in their OBs. There is a difference between what the officer wrote and what I did," she told court.

Thirteen witnesses are set to testify in the case which was adjourned until March 16, 2017.