By Lazarus Maitha.
The Shanzu magistrate’s court on Thursday evening (August 15) ordered the immediate release of suspected drug lord Ali Punjani’s wife.
Shanzu Resident Magistrate David Odhiambo said police had failed to link Karki Sushmija, 24, to the illegal drug network.
Sushmija, a Nepalese national, was arrested on Tuesday, August 13, alongside four other people and charged with drug trafficking.
The four include Sushmija’s nephews Ram Manoj and Bashyal Shiva, a gardener at Punjani’s posh Nyali mansion, Boniface Maeleo, and Punjani’s house-help Lucy Njeri.
Magistrate Odhiambo termed the Prosecution’s case against the five suspects as a “story-telling mission, which the court was unable to buy”.
“l hereby order the respondents be released unconditionally since the Prosecution has been unable to press relevant charges against the respondents,” said Magistrate Odhiambo.
“To the respondents, walk free as you look up at the sky since the court has upheld your fundamental rights,” said the magistrate.
Odhiambo further observed that the Prosecution was not ready to proceed with the case against the respondents, given they had not pressed new charges against the suspects.
The magistrate said the Prosecution “produced the five in court to facilitate their [suspects’] release”.
The Prosecution, led by State counsel Augustine Ayeka, however, applied to have the suspects freed on bond as DCI detectives continue with their probe into the alleged illegal drug trade that the five are said to be involved in.
Ayeka’s plea was rejected.
On Wednesday, August 14, the magistrate ordered the police to complete investigations in relation to the suspects’ drug trafficking charges within 24 hours, failure to which the suspects will be released unconditionally.
In his ruling Thursday, Odhiambo observed that the seven days which were being sought by the State weren’t justified, given the investigating officers had already concluded and determined what charges to press against the suspects.
Drama unfolded outside the court premises on Thursday evening when plainclothes police officers attempted to re-arrest the suspects.
The accused however, managed to get into a waiting private car and sped off.