Two men were released from prison after witnesses failed to appear in court and testify against in a case of robbery
with violence.
Edward Kimathi and Dominic Kilatye were releases into freedom after spending almost an year in custody .
Edward Kimathi and Dominic Kilatye were releases into freedom after spending almost an year in custody .
They had their case of
robbery with violence withdrawn by a Makadara court. This was after witnesses failed to appear in court
on several occasions .
The two aged 24 years old, were arrested last year and spent in custody since September 9th. The witnesses failed to appear on five seperate hearing dates.
They were accused of robbing off a man metals used for construction valued at sh 250,000 in Syokimau Estate. They allegedly used force and wounded the man during the offense on August 24 th Last year within Embakasi division.
Cases of robbery with violence have penalties of life imprisonment or death sentence.
Fortunately, the court gave a last warning of adjournment dated for May 21 st this year. This was to grant witnesses the last chance to appear before court.
Witnesses were further summoned but failed to appear before the Makadara court for the fifth hearing of the case.
An investigating officer expressed distress with uncooperative witnesses who did not respond to the courts summons. The complainant in the case failed to appear before court on May 20 th and a letter
was written to an OCS to withdraw the case.
Senior Resident Magistrate Teresia Mwangi withdrew the case under section 87 (a) of the CPC Act on Monday.
After the magistrate read the ruling , their lawyer applied for the court to declare that his clients would have no further involvement in new charges of the case. He said it was an application to secure their freedom since the robbery case was pending fresh investigations.
SRM,T.Mwangi ordered for their release and stated that her court would not handle the same suspects in the pending case.
The two aged 24 years old, were arrested last year and spent in custody since September 9th. The witnesses failed to appear on five seperate hearing dates.
They were accused of robbing off a man metals used for construction valued at sh 250,000 in Syokimau Estate. They allegedly used force and wounded the man during the offense on August 24 th Last year within Embakasi division.
Cases of robbery with violence have penalties of life imprisonment or death sentence.
Fortunately, the court gave a last warning of adjournment dated for May 21 st this year. This was to grant witnesses the last chance to appear before court.
Witnesses were further summoned but failed to appear before the Makadara court for the fifth hearing of the case.
An investigating officer expressed distress with uncooperative witnesses who did not respond to the courts summons. The complainant in the case failed to appear before court on May 20 th and a letter
was written to an OCS to withdraw the case.
Senior Resident Magistrate Teresia Mwangi withdrew the case under section 87 (a) of the CPC Act on Monday.
After the magistrate read the ruling , their lawyer applied for the court to declare that his clients would have no further involvement in new charges of the case. He said it was an application to secure their freedom since the robbery case was pending fresh investigations.
SRM,T.Mwangi ordered for their release and stated that her court would not handle the same suspects in the pending case.
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