Keroka Law Court Principal Magistrate Matata Kimtai has sentenced three people to 10 years’ imprisonment for vandalism and stealing of Kenya Power and lighting Company property.
The three; Zablon Johnson, his son Eric Musa and Peter Onyamu were also give an alternative to pay a fine of Sh5 million each.
Three alongside two others who were acquitted had been charged of vandalism of electrical conductors contrary to section 64(4) of the Energy Act number 12 of 2006.
The charge sheet had stated that on different dates between February 21 and 26, 2019 at Chitago village Nyankoba Sub Location in Masaba North Sub County vandalized 400metrs of low voltage conductors property of KPLC.
They also faced a second count of stealing 400 meters of low voltage conductors amounting to Sh80,000 contrary to section 268 (1) as read with section 275 of the penal code.
In his ruling the Magistrate said that the low voltage wires that had been vandalized were also removed from the scene.
“Clearly the person who damaged the wires also stole them since the use was coveted to other than the general on special owner thereof.”
Kimtai said that the three accused had not explained to the court why they were in possession of the wires.
“It is interesting to note that none of the accused works for the Kenya Power and Lighting Company.”
“I further wish to note that the said low voltage conductors cables were stole and recovered in less than a week, therefore the court will deem that anyone who found with low voltage conductors cables with no proper explanation then will be taken to be a thief as well. The said cables were in a house that was locked which the accused acknowledge same as his.”
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The Magistrate said that the defense of the three accused does not water down the overwhelming evidence tendered by the prosecution witnesses. I find that the evidence by the prosecution well corroborated and above all credible.
After the ruling, South Nyanza Region Kenya power Security Head Major Retired Paul Gichovi urged all Citizens to report persons interfering with power lines to the nearest police stations, KPLC office or chiefs.
“Innocent clients are suffering in darkness because of a few criminal elements in our society. We need to be mindful of others.”
