The Director of Public Prosecution (DPP) Noordin Haji has withdrawn cases against six political leaders who were charged for leading the Azimio la Umoja-One Kenya coalition demos.
The prosecutor made the application to have the six set free from the charges to enable “peace between the accused persons and the state.”
The six include Ugunja MP James Opiyo Wandayi, Kilifi Senator Stewart Madzayo, Kilifi South MP Richard Chonga, Malindi MP Amina Laura Mnyazi, George Yogo Obure and Esther Oromi.
“We wish to withdraw the case under section 87A of the Penal Code to create an enabling environment for peace between the accused persons and the state. I urge that the matter be withdrawn,” the DPP said.
Releasing the six, Kahawa Law Court senior principal magistrate Boaz Ombewa ordered that their cash bail should be refunded.
“I have considered the application by the state for withdrawal of the six accused persons under section 87A, and I hereby discharge them,” Magistrate Ombewa said.
Lawyer Omari faults DPP
Defence lawyer Dunstan Omari faulted the DPP for using a ‘non-existent’ clause to charge the six, saying that the case could not have been sustained.
“The charge sheet that was brought in court would not be sustained. It’s our considered view that Parliament should move with speed and underline the section so that the state does not get embarrassed by relying on a section that does not exist. The state should improve on law reform,” Omari said.
The six were facing a charge of holding an unlawful assembly, as well as vandalizing a Volkswagen Passat valued at Ksh1.1 million belonging to Joyce Nyambura.
