Court orders prosecution of KFS officers for destroying Sh700,000 property

The High Court in Kabarnet has ordered the arrest and prosecution of five Kenya Forest Service officers (KFS) linked to the destruction of Sh700,000 property belonging to a Kenya Defence Forces officer in September 2022.

Justice Rachel Ngetich ordered that the KFS officers be charged with the offences of breaking into a building, committing a felony, stealing, and malicious property damage, as directed by the Office of the Director of Public Prosecutions on January 8, 2025.

The court further prohibited the National Police Service Commission and the DPP from unilaterally terminating the intended prosecution of the KFS officers.

The court issued the orders following an application by Johana Kiptoo, a KDF officer, against the OCS Timboroa Police Station, Chief Conservator KFS, and the DPP.

Kiptoo named Nelson Ayodi, Erick Obare, Willy Mutai, Richard Kirui, and Charles Masai, all KFS officers as interested parties in the case.

“An order of judicial review in the nature of mandamus is hereby issued compelling the respondents herein to avail, arrest arraign before court for prosecution and to charge all the interested parties herein with the offence of breaking into a building and committing a felony, stealing and malicious damage to property as directed by the ODPP vide its letter dated January 8, 2025,” read the order by the court.

The court further barred the police from issuing threats of physical bodily harm to the KDF officer and his family, to coerce him to drop the complaint against the KFS officers.
Kiptoo, in his application, said he was on duty on September 20, 2022, when he received a call informing him that his home had been broken into.

He said that upon receiving information from his neighbours and caretakers, he left work that evening and travelled home to confirm what had happened.

Upon arrival, Kiptoo learnt that those who broke into his home and damaged and stole his property were KFS officers.

He filed a complaint with the Timboroa Police Station, and the OCS assigned officers who visited the scene and verified the incident.

Upon completion of the investigations, it was established that Ayodi, Obare, Mutai, Kirui, and Masai were allegedly involved.

A prosecution file, he said, was prepared and forwarded to the Office of the DDP in Eldama Ravine for perusal and approval.

The DPP in February 2023, said there was sufficient evidence to prefer charges against the five KFS officers. It's after this day, the KDF officer claims his frustration started.

Even with the recommendations to prosecute the officers, the ODPP, Eldama Ravine, did not take action, forcing Kiptoo to file a suit at the High Court.

The office of the Attorney General, Nakuru, vide a letter dated April 17, 2023, allegedly directed the OCS, Timboroa Police Station, to defy the directive of the DPP to conduct an inquiry before charging and prosecuting the KFS officers.

The OCS as per the suit without any justifiable cause and unreasonably declined to honour the directive of the DPP.

Kiptoo claimed that he received threats from the OCS. The OCS, as per the suit, told the KDF officer that he cannot direct him on what to do.

The OCS and the Chief Conservator of Forests, Kiptoo claimed, were in a scheme to protect KFS officers from facing the charges approved by the DPP.

He that after follow-ups on the case, the DPP issued directions to the OCS on January 8, 2025, to arrest and present the officers before the court. Following the directive, the Chief Conservator immediately transferred all the suspects.

Kiptoo claimed that the Chief Conservator of Forests, was adamant that they cannot avail the suspects before the court until the DPP reviews the directive to have them charged and fresh investigations undertaken.

Determined to pursue justice, Kiptoo wrote to the OCS and the DPP on May 15, 2025, seeking to have the KFS officers arrested and charged. He said the OCS, on May 21, 2025, through a letter, claimed the DPP had recalled the file for further review, a fact he knew was false.

Interestingly, the DPP on May 23, 2025, confirmed that the file had been perused and directives given that the interested parties be arrested and arraigned before court, adding that the OCS was the custodian of the file and further that they were ready and willing to prosecute the matter upon arrest and arraignment by the OCS.