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County official moves to block manslaughter charges

A county government worker has rushed to court to block his prosecution over the deaths of four people.

Mr Wilfred Masinde, an enforcement officer is facing manslaughter charges after a building under construction collapsed in Embakasi almost five years ago killing the people.

But the worker claimed he was being used as a scapegoat as the people who played a crucial role in allowing the construction to go on walked away scot-free.

“The petitioner has been discriminated upon in the decision to charge him. Parties who played a central role in the transaction have been spared trial on no logical or rational basis,” read part of the petition.

The charges against him, he said were motivated by uterior motives.

Mr Masinde added he was not responsible for the deaths as he performed his duty as provided under the law and issued an enforcement notice against the developers to demolish the illegal structure on a plot off Airport North Road.

Injunction

“Subsequently, the developers obtained an injunction against the county which barred him from interfering with the land, thereby paralysing the performance of his duties,” the petition read.

According to the worker, the building was declared illegal because a permit had not been sought.

He asked the High Court to issue orders prohibiting the chief magistrate’s court at Kibera from receiving or continuing to entertain the charges against him.

This is even as he is scheduled to appear before the lower court on May 17 for a mention.

Mr Masinde also wanted the High Court to issue a declaration that the decision by the Director of Public Prosecution to charge him with manslaughter was null and void.

Additionally, he wanted a declaration issued that he was not responsible for the alleged offences. 

He said his job was at risk because of the criminal case.

The case will be mentioned on May 7 for directions.