Noordin Haji, the Director of Public Prosecutions, is planning to challenge MP Didmus Barasa’s acquittal for inciting election violence during the Kabuchai Constituency by-election.
The Kimilili MP was acquitted in a case in which he was accused of plotting violence in Kabuchai in 2021.
According to Bungoma Resident Magistrate John Mugute, there was insufficient evidence to convict the MP.
Read: DPP Haji Orders Probe into Linturi’s Remarks During DP Ruto’s Rally
“The prosecution has failed to prove its case against the accused person in all counts,” the court ruled.
Haji, on the other hand, said in a statement on Friday that the trial court erred in law and fact by acquitting Barasa.
“DPP Being dissatisfied with the decision of the trial court has appealed against the whole of the said decision on the basis that there was sufficient evidence in court to convict the accused person,” he said.
In March of last year, Barasa was one of four parliamentarians detained in connection with the mayhem that erupted after the Kabuchai mini-polls.
The prosecution dismissed charges against Nandi Senator Samson Cherangei, Nandi MP Wilson Kogo, and Belgut’s Nelson Koech in September last year, claiming that their allegations lacked “sufficient elements” to establish a compelling case.
The four were charged with plotting a felony and obstructing investigators from obtaining their fingerprints.
Read Also: DPP Goes After MP Richard Onyonka Over Hate Speech Claims
However, they claimed that their detentions were politically motivated in order to prevent them from overseeing polls on behalf of the United Democratic Alliance (UDA) candidate.
In the closely contested by-election, Amani National Congress (ANC) candidate Joseph Majimbo Kalasinga defeated his seven opponents.
UDA’s Evans Kakai received 6,455 votes, or 22% of the vote.
With 1,454 votes (5 percent), Amos Wekesa of the Federal Party of Kenya came in third, followed by Dr Gasper Wafubwa with 1,236 votes (4 percent).
More Stories
Bipartisan Talks Team Agrees on Three Issues
President Ruto Free to Trademark “Mambo ni Matatu” Phrase
CS Tuya Sues Ex-husband for Sh525,000 in Child Upkeep