There was drama in Mombasa Law Courts cells after two police officers were thrown to the cells for re-arresting suspects who had been freed. Five suspects had been released by the court after the presiding judge found that the prosecution had failed to prove that they were guilty of the charges against them. Shortly after being released, the prosecution drew up new charges and the suspects were re-arrested and presented before the court once more.
The five suspects Eunice Mwende Ndolo, Felix Muia Ndolo, Edmond Kituri, Benson Mwai Kasugu and Evans Kenda Kiplagat had been accused of defrauding KCB of Sh6,793,796 between January 12, and June 2, 2017.
Mombasa Senior Principal Magistrate Henry Nyakweba took issue with the officers’ conduct and ordered for the officers to be detained for three hours for the apparent contempt of court. The Magistrate advised the officers to collect fresh evidence if they intended to re-arrest the suspects; ”The accused have been discharged and they are free to walk home. They should not be arrested or take plea anywhere in relation to this case unless prosecution presses new charges on them. The prosecution has failed to prove its case beyond reasonable doubt. The court finds that there is no adequate evidence against the suspects. They are therefore discharged.”