Not what many expected soon after Chief Justice David Maraga told off those accusing the Judiciary of laxity in the ongoing war against corruption, saying the cases will be determined based on the evidence and not the strength of public passions.
“If, for whatever reason, you think you might not win a case, then if you bring it to court you know the result. It will be dismissed,” cautioned Justice Maraga.
Director of public prosecutions efforts have sank to the ground after witnesses for some reason refused to testify against Nakuru Deputy speaker Samuel Tunoi.
Resident magistrate Yvonne Khatambi allowed the DPP’s application to drop the matter citing lack of sufficient evidence.
The Investigating officer, Joseph Njogu, supported the withdrawal of the case in a sworn affidavit.
The deputy speaker was charged alongside four others with promoting violent strife between the Kipsigis and Ogiek communities in Njoro.
It is reported that at least six people were killed and dozens injured.
The accused include Njoro Constituency Development Fund chairman William Kipkemboi Langatand Nessuit assistant chiefJoseph Ruto Lesingo.
However, on December 19, 2018, Tunoi’s lawyer Kipkoech Ng’etich urged Resident Magistrate Khatambi to acquit him, claiming the case was politically motivated.