Kigano sues county official for removing campaign billboard
Mr Kuria Thuita, sub-county administrator, when he appeared in court in Murang'a on January 8, 2020 charged with destroying a billboard belonging to Kangema MP Muturi Kigano. He was released on bond pending hearing of the case. PHOTO | NDUNG'U GACHANE | NATION MEDIA GROUP
What you need to know:
- Mr Thuita, who was represented by five lawyers, objected to the charge.
- He argued that charging him was tantamount to abusing his rights as an office holder.
- The accused was released on a Sh100,000 bond and Sh50,000 cash bail.
A senior officer of Murang’a County government has been charged with malicious damage to property after he allegedly destroyed a campaign billboard belonging to Kangema MP Muturi Kigano.
Mr Kuria Thuita was Wednesday charged with destroying a billboard belonging to the MP valued at Sh1.2 million, together with others not in court. He denied the charge.
Mr Thuita, who was represented by five lawyers, objected to the charge, arguing that he acted as a county official and not in his personal capacity and that charging him was tantamount to abusing his rights as an office holder.
ALL BILLBOARDS REMOVED
Led by lawyer Josephat Kimwere, the defence team argued that their client removed all campaign materials in the county and wondered why the MP is the only one aggrieved by the action.
“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 campaign materials,” Mr Kimwere told the court, adding that if the charge against Mr Thuita is sustained, it will open the door for politicians to abuse the court process.
The lawyers said their client serves at the county government, which is a creation of the Constitution that provides for the functions and duties of the sub-county administrators, a position Mr Thuita invoked when he commissioned the removal of the billboard.
APPLICATION OPPOSED
The prosecution, through Ms Rose Sempelle, opposed the application, saying the grounds by the defence were not sufficient to make the court to stop the plea.
“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.
Senior Principal Magistrate P.M. Kiama opposed Mr Thuita’s application, saying the defence did not cite any law to warrant him to stop the charge.
“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 accused was released on a Sh100,000 bond and Sh50,000 cash bail.
The hearing was scheduled for May 14 while the pre-trial hearing will take place on March 26.
