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41 on poll chaos charges freed
- Details
- Published on Thursday, 05 June 2008 17:26
The suspects whose cases had been consolidated had been charged with crimes that erupted following the disputed presidential results. Acquitting the suspects, the magistrate Mrs Komingoi said two witnesses who testified in the case were unable to tell the court the type of weapons each of the accused persons were found with.
“No prima facie evidence has been established against the accused and each is acquitted accordingly under section 210 of the criminal procedure code,” Mrs Komingoi said. Soon after the order to release them from the AG was entered.
The order, which was entered into the file, was signed by the Kisii High Court principal state counsel, Mr Alloys Okemo, on behalf of the AG. Those acquitted were arrested on February 18 this year at Riontonyi Village of Borabu District by combined security personnel who were deployed on the troubled border to quell the clashes.
They were charged with being found in possession of dangerous weapons, namely bows and arrows, believed to be intended for use in arson or incitement to violence, contrary to section 308(2), on the material day.
Commit a felony
They also faced an alternative charge of preparing to commit a felony contrary to section 89(1) of the penal code. The court heard that they were found in possession of the weapons in circumstances that raised reasonable presumption that the arms were intended to be used in manner prejudicial to public order.
The accused, 19 from Rift Valley and 22 from Nyanza were on Sh3,000 bail since they were arrested and appeared in court for the first time on February 29, 2008. Their files were consolidated in order to speed up hearing of the cases.
