The Directorate of Public Prosecution (DPP) will appeal the acquittal of Kimilili MP Didmus Barasa in the Kabuchai poll fracas case.
This was after a trial court in Bungoma ruled on Monday that the prosecution did not establish a prima facie case against the accused person. The legislator had been charged with causing a fracas in the Kabuchai by-elections.
“The prosecution has failed to prove its case against the accused person in all counts,” the court ruled.
In new developments, the DPP has expressed that it is dissatisfied with the decision of the trial court and will thus challenge the ruling. For instance, the office maintains that the trial court erred in acquitting Barasa.
“The Office of the Director of Public Prosecutions 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 adduced in court to convict the accused person,” the DPP said.
Barasa was among four lawmakers arrested in March last year over chaos witnessed during the Kabuchai polls.
In September last year, the prosecution dropped charges against Nandi Senator Samson Cherangei, Nandi MP Wilson Kogo and Belgut’s Nelson Koech saying their charges lacked “sufficient elements” to form a strong case.
The four were accused of preparing to commit a felony as well as stopping officers from taking their fingerprints.
But according to them, their arrests were politically instigated to bar them from overseeing the polls on behalf of the United Democratic Alliance (UDA) party candidate.
Amani National Congress (ANC) candidate Joseph Majimbo Kalasinga trounced his seven opponents in the hotly contested by-election.
Evans Kakai of UDA got 6,455 votes, 22 percent of the votes.
Amos Wekesa of the Federal Party of Kenya came in third with 1,454 votes (5 percent) followed by Dr Gasper Wafubwa with 1,236 votes (4 percent).