Arafat Ikumu Omar.

High Court has suspended orders issued by magistrate court directing release of prosecution exhibits to accused Arafat Ikumu Omar.

Justice Jessie Lessit issued the order yesterday after prosecution made successful application.

“The orders in the miscellaneous application no 3227 of 2018  is hereby granted” ruled the judge.

Nairobi Residents Magistrate Nzibe had ordered that exhibit which were to be used by prosecution be released to the accused person Arafat Ikumu Omar.

“This revision is challenging the order of the duty court in miscellaneous case NO.3227 of 2018 releasing exhibits held by the police to the accused person”. Said Prosecution person.

Director of Public Prosecution through senior prosecutor Susan Kuruga told the high court that main trial against Arafat Ikumu Omar where the said exhibits will be used is coming up for hearing on 1th December 2018.

Prosecution applied for execution order of the trial court releasing the exhibits to the accused pending hearing and determination of the revision.

In an affidavit, Susan told the court the exhibits include motor vehicle Toyota Lexus, two Toyota Axion , Toyota Prado and log books.

Also the accused was charged on 5th September this yeae according to the charge sheet.

The magistrate in her ruling claimed the charge sheets does not mention the said items and does not include charges as submitted by prosecution.

” There is high suspicion the vehicles were illegally obtained and used in the facilitation of other criminal activities by the accused in others places hence likelihood of the accused being linked in the commission of several heinous crimes”. Stated Susan in the affidavit.

Prosecution said the motor vehicles are also suspected to be proceeds of crime and should therefore not released to the accused.

“The investigations are complete and there’s amended charge sheet which is set to be filed in the trial court on 29th November 2018”. Said prosecution.

Investigations revealed that the motor vehicle Toyota Lexus is registered in the name of Anbe Chelang’at Ngetich and police intend to interrogate the said person to enable further investigations.

” As per National Transport and Safety Authority records  the same are registered under the accused person however i believe they are proceeds of crime and they are to be used in the prosecution of this matter as exhibits “. Said Susan.

Prosecution further  said for the purpose of fair and cogent investigations, the said motor vehicles and log books in question require serious forensic dusting  and listing as pertains to chassis and engine numbers to ascertain whether their manufacturers numbers are intact or have been tempered  with criminally to conceal their identification.