A Marsabit court on Monday withdrew murder charges against five suspects linked to the November 5, 2019 killings of 13 people in Kokotu-Jaldesa for lack of evidence.
The Director of Public Prosecutions (DPP) appealed to the court to be allowed to withdraw the murder charges and to further suspend investigations against the suspects.
Those freed are Mr Mamo Waqo, a former chief, Mr Roba Guyo, an assistant chief, and Mr Abdub Yattani, an ambulance driver.
Others are Barille Abdub, a local politician, and Gabbra Council of Elders Chairman Kanchora Chepe.
NO TANGIBLE EVIDENCE
Marsabit County DPP Nickson Ochieng told the court that the decision was informed by lack of tangible evidence to convict the five suspects.
Marsabit Principal Magistrate Tom Wafula, while dismissing the charges against the accused persons, noted that he had no valid reason to continue with the case when the DPP had already seen it wise to withdraw it.
He informed the five that their bail money would be refunded to them through their bank accounts.
“The DPP has appealed to the court to withdraw charges and to halt any further investigations against the five suspects. I also see no reason to continue with this case,” Mr Wafula said.
Their lawyer, Mercelino Lesaigon, appealed to the court to return their mobile phones and SIM cards that have been in the custody of the Directorate of Criminal Investigations.
The magistrate directed that the items be returned to the owners.