Workers of a Murang’a Water Company, allegedly assaulted by officials of the county government have vowed to appeal ruling of the case that was quashed by a magistrate’s court.
The four workers of Murang’a Water and Sanitation Company (Muwasco) through their Lawyer Kiroko Ndegwa said they were not satisfied by a court ruling that acquitted the suspects.
The workers have been engaged in a case accusing the county executive member for water and irrigation Paul Macharia together with three others of assaulting them on August 27, 2018.
On Wednesday, resident magistrate Sheila Nyaga said that the county officials have no case to answer after the prosecution failed to produce concrete evidence.
Nyaga acquitted Paul Macharia together with Samuel Mwangi, Nicholas Ndegwa and Stephen Chege saying there was no case to answer, as the evidence produced before her by the prosecution was not collaborative.
The ruling set free the four, one year after they were charged with counts of assault and destruction of property, at Kiawambeu Water Treatment plant, during the failed Murang’a County Government takeover of the management of Muwasco.
Ndegwa said his clients’ rights were violated as they were assaulted, while they were in line of their duties by people they knew very well.
He noted that their move to lodge an appeal is informed by the fact that the lower court declined to have prosecution adduce new evidence.
“As the case proceeded, we are not allowed to bring new evidence and we have opted to appeal the case after the accused were acquitted,” added Ndegwa
“During the proceedings, as a lawyer representing the complainants, I was denied chance to introduce fresh evidence including videos, despite being allowed by the law,” said the lawyer.
One of the complainants, Margret Wairimu recounted the pain she went through after she was attacked by people known to her on the fateful day.
“We will appeal the court ruling as we feel justice was not attained and the court failed to defend the innocent from being bullied around by known persons,” claimed Wairimu during a press briefing on Thursday.
In her ruling, the Magistrate stated that there was variance of evidence by the witnesses on accounts on what transpired on August 27 , 2018 at Kiawambeu Water Treatment Plant.
“The court has failed to get evidence that the accused caused bodily harm to the witnesses and that of malicious damage to property,” said the magistrate as she gave 14 days to appeal.
Ndegwa said they will appeal the case before the given time, as they pursue to get justice for the complainants.
By Bernard Munyao