DPP wants murder case against 5 dropped

The Director of Public Prosecutions has written a letter to the High Court in Meru, seeking to terminate cases against five people accused of killing a chief in Marsabit in December last year.

This is the second attempt by the DPP to withdraw cases against suspected murderers of Dirib Kombo Chief Bida Gogana, after a similar effort was last week rejected by Lady Justice Ann Ong’injo.

In the fresh application, senior principal prosecution counsel Gitonga Muriuki said detectives probing the matter were pursuing new evidence and thus wanted the matter dropped.

He said it was in the interest of justice that the court releases Mr Doyo Galgalo, Mr Galma Galgalo, Ms Bokaya Dida Boru and Mr Somo Huqa so that the prosecution could pursue the new evidence.

Mr Gitonga, in an affidavit sworn by senior assistant director of public prosecutions Fridah Mwanza, argued that the DPP was free to seek withdrawal of any criminal case in any court in the country.

LEGAL NOTICE

“In exercise of powers conferred by Article 157 (6) c and 157 (9) of the Constitution of Kenya, 2010, and delegated to me by legal notice 138 of 2012, I hereby enter a nolle prosequi against the four,” he told Justice Ong’injo.

However, the defence led by lawyer Kiget Kiprotich opposed the application and questioned the motive saying the termination quest was a ploy by the state to have them stripped of their bond.

He said the request did not explain the reason the DPP wanted the case terminated.

Mr Kiget urged the court to ensure the DPP did not rely on the same evidence the office had tabled in court in the event the application was successful but the accused re-arrested.

“When they came to court on January 2, and requested that the accused be charged before this court, they said they had a tight case. This court should rule that if they want to arrest the accused, they should not come with the same facts,” he said.

Lady Justice Ong’injo released Mr Somo who had not yet taken plea pending mental examination.

The ruling on whether to terminate the case against the three others will be made Friday.

The DPP’s application came at a time when there were claims that a judge may have relied on a “false” probation report which allowed the three to be granted Sh300,000 cash bail.

The four are accused of killing the chief accusing him of betraying his clan, after he attended the burial of a police reservist Dako Kiso who hailed from a different clan.