Nairobi Court has acquitted former University of Nairobi who were facing with robbery with violence charges.
The case was discharged after several adjournment for failure to have witnesses appear in court to testify against the accused.
“I have considered the application for adjournment and the objection and the accused persons are hereby discharged”. Ordered the the Magistrate.
Prosecution told the court four years cannot be said to be a reasonable time to commence and conclude the trial.
However, the magistrate said the accused persons are entitled to speedy trial under article 50 of the constitution.
The case was withdrawn due to lack of witnesses who have demonstrated unwillingness and interests to pursue the case.
” I found prosecution witnesses are no longer interested in the case and if at all they were initially. I find there’s no reasons to warrant adjournment sought and refuse to grant adjournment sought”. Said Magistrate.
This after prosecution applied to withdraw the matter under section 87(a) of criminal procedure code.
Their lawyer Gitobu Imanyara opposed the withdrawal of criminal case and urging court to terminate the case instead.
Mr Imanyara told the court that, prosecution application was abuse of office.
“It is abuse of office to withdraw the case under section 87(a) where witnesses are serving police officers who treat this court with outmost contempt should not be allowed to have opportunity to rearrest accused persons”. Imanyara told the court.
The accused Booker Ngesa Omole , Samwel Legira, Job Mandara , Benedict Wandeto, Oliver Kennedy Muriithi , Astagus Rayori, Jacob Opiyo Onono, Benrodger Nganu, Mwachi Mazden, Edward Otiono ,Langat Kenneth and Edwin Kemoi were charged with robbery with violence.
It was alleged that on 9 of April 2014 , at lower Kabete campus jointly with others not before court while armed with dangerous weapons namely one Glock Pistol , two kitchen knives, one sword and two pangas robbed Silvance Abeta of mobile phone make samsung galaxy pocket valued Kshs. 15,000 and the time of the said robbery threatened to use actual violence.
They were facing seven different charges including, going armed to the public, creating disturbance, robbery with violence.
