A Nairobi court will on January 16 deliver a ruling on whether to terminate a robbery with violence case against a director and an auctioneer linked to the demolition of a Sh20 million house in Westlands estate. 

Milimani chief magistrate Wendy Kagendo fixed the ruling date after hearing an application by defence lawyers representing Nathaniel Barmasai Kipkemboi, the director of Lariak Properties and  Zachariah Wakhungu Barasa of Siuma Auctioneers. 

Kagendo said the application by the defence raised serious issues and she needs more time to determine whether to terminate the charges facing the two accused persons. 

The prosecution alleges that on November 4, 2022, Baraza and Kipkemboi committed the offences while evicting  Niraj Batuk Shah and his wife, Ms Avani Niraj, from their home on Westlands-School lane, Nairobi. 

Robbery charge

They are accused of robbing the complainants electronic appliances, jewelry and assorted household goods and items valued at Sh18,097,000.

The court heard that “immediately before the time of such stealing”,  Baraza and Kipkemboi threatened to use violence on Shah and Niraj.

In relation to malicious demolition, they are accused of willfully and unlawfully damaging the house valued at Sh20 million, which they have allegedly owned for the past 46 years.

Separately, Baraza is facing another legal battle at the Environment and Lands High Court over reported contempt of court. 

Justice Oscar Angote will rule on the matter on January 16, 2023.