Madaraka Trader Arraigned At A Thika Court For Torching Kamenu MCA's House.



Mary Wamuyu when she appeared in court on November 29, 2016, accused of burning a house belonging to Kamenu Ward MCA, Elizabeth Muthoni Hussein.

A businesslady at the Madaraka Market in Makongeni Thika has been arraigned in court for the arson charges involving a Thika based MCA.

Before the Thika Magistrates Court, Mary Wamuyu Gatumu has been accused of willfully and unlawfully setting fire Kamenu Ward MCA Elizabeth Muthoni Hussein’s house, her vehicle and her business premises leading to losses amounting to Sh150 million.

Testifying in the case, the MCA, told the court that her house was burnt down on November 22, 2015 by an irate mob who accused her of being aware of the people behind the burning of Madaraka market. The incident occurred just a day after Makadara market was torched by unknown people.

“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,” Muthoni told court.

Muthoni told the court that she overheard Wamuyu's voice saying they wanted her (the MCA) dead or alive as her caller had put his phone on loudspeaker in order for her to hear what the group was chanting in loud voices.

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, a charged mob forced its way into her compound, set her house on fire through one of the windows and burnt her Toyota Premio saloon 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. That fire consumed my phones, laptops, computers, furniture, laundry machine, fridge, gas cylinders, a television set, two gym equipment, clothes and other items,” she said.

The arsonists later went to her business premises near Polysack Ltd in Makongeni where they torched 600 crates of soda which were kept in a container. Muthoni claimed that she was rescued by the police about two hours later, who had to disperse the irate crown by lobbing tear gas canisters.

Two days later she recorded a statement at the Thika DCIO offices after which investigations kicked off and the accused was arrested on April 9, 2016.

During the cross examination, defense 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 defense, 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 the jammed court.

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