Bungoma court has set free Saleh Wanjala alias ‘James Bond’ a man who was captured in 2016 hanging precariously on a chopper that was ferrying the body of the slain businessman Jacob Juma.
In his ruling on March 20, Bungoma senior principal magistrate C Mutai dismissed the case due to lack of evidence.
The court agreed with the defence counsel that the prosecution never proved any case against the accused to impair the flight or in any way cause any disturbance against the helicopter.
“There is no evidence to help sentence the accused person because he never caused any disturbance to the pilot or those on board the helicopter,” read the judgment.
Saleh had been charged with an offence of impairing the safety of the aircraft or any other person on board pursuant to section 46(1) B as read together with section 42 of the Civil Aviation Act No. 21of 2013.
The charge sheet read that on May 13 2016 at Posta ground within Bungoma town and others not before court, he hanged on an aircraft registration 5YTXN captained by Emmanuel Chelagai, an act of disturbing the safety of the pilot and other persons forcing the pilot to make an emergency landing at Bungoma airstrip.
Saleh who shocked the world by hanging on the chopper was given a pro-bono service by a renowned lawyer Andrew Kituyi. Kituyi said that it was a land mark ruling by the court that set his client free.
“Am happy that even after offering free service in court to Saleh (44), I am satisfied with the court ruling which set him free despite the three years he has been shuttling to court,” said the lawyer.