County secretary sued over exhumation of body saga

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By Vincent Mabatuk

Nakuru, Kenya: A teacher who was among six people charged at a Nakuru court for allegedly exhuming a dead body at the controversial Banita settlement scheme has now sued Nakuru County Secretary Joseph Motari.

Mr Dan Ashitiva who was later acquitted by the same court also wants Banita location chief Julius Wekesa and former Makongeni ward councilor Joel Nyandieka held responsible for the malicious prosecution and defamation that happened two years ago.

The Kokwomoi primary school teacher has also written a letter to the Director of Public Prosecutions Keriako Tobiko requesting for fresh investigation into the saga and put the three on their defense for failing to prove the allegations.

In the two page letter, he accused Motari who was then Rongai DC for framing them to cover up the flawed land allocations at the controversial scheme and the contempt of court orders.

He maintained that the three were involved in exhuming the body of one, Cary Francis Mbuthia on the night of November 30 2011.

The case facing them was dismissed on October the following year by a Nakuru court.

He said another campaign to transfer him to Tranzoia West was launched immediately but the high court in Nakuru quashed it.

“The then DCIO Nakuru and two other police officers were transferred immediately and we were acquitted by the court raising more questions than answers,” said Ashitiva.