Four people charged for transporting electronic goods suspected to be stolen have been acquitted by a Kibera court
In what seems to be a normal case of shoddy arrests and investigations by police across the country, the four had been charged with twelve counts of conveying stolen property contrary to section 323 of the Penal Code were yesterday acquitted by the Court.
The suspects were set free after their lawyer John Ogada made an application they be acquitted under section 202 of the Criminal Procedure Code since the prosecution had failed to adduce evidence in court.
“The accused should be acquitted because the prosecution has failed to provide enough evidence to warrant their conviction,” said Ogada.
The four Joseph Evans Oriedo Akama, Irungu Mogure, Gabriel Kamau Njoroge and Joseph Maina Wambugu had pleaded not guilty before Kibera Principal Magistrate Boaz Ombewa.
The court had been informed that on May 5, 2018 along Waiyaki Way within Kileleshwa in Nairobi, they were found conveying assorted mobile telephones and laptop computers which were suspected to be stolen or unlawfully obtained.
Lawyer Ogada informed the court that his clients freedom was being compromised and yet the prosecution team was not showing interest to finalize the case
“My clients should be acquitted under section 202 0f the Criminal Procedure Code,” he told the court.
The prosecution had objected the application by Ogada and requested to be allowed to withdraw under section 87(a) which may necessitate their re-arrest and fresh charges.