City Lawyer Kimani Wachira has won a case in which a former city OCS was charged with aiding a suspect to evade lawful custody.
Samir Yunus had been charged alongside Amos Odhiambo with aiding a prisoner to escape from unlawful custody contrary to section 124 of the Penal Code.
According to the charge sheet, the OCS had been accused of aiding Hussein Mumin Hassan on April 12, 2022, at Pangani Police Station.
The OCS and the co-accused person denied the charges when they were presented to the court.
While delivering his judgement after a spirited defence from Mr Samir Yunus, lawyer Kimani Wachira dismissed the prosecution’s case and convinced the Senior Principal Magistrate CN Mugo to rule that Mr Yunus was innocent and a law-abiding citizen.
This was after lawyer Wachira used the cross-examination case to dismantle the prosecution’s case, hence making the case sway in his client’s favour.
“The prosecution’s evidence was full of loopholes which were unfounded, and the investigating officer failed to seal them,” said the magistrate.
He added, “I therefore find that a prima facie case has not been established, and I proceed to acquit both the accused persons under section 210 of the penal code,” the court ruled.
The prosecution had told the court that the NTV exposé showed the accused persons had aided the victims to escape.
Furthermore, according to the investigative officer, the OCS ordered that the accused person be released from cells pending further instructions; the accused person denied the wrongdoing.
The court concurred with the defence that the NTV exposé did not fully identify the accused person aiding the suspect to escape from lawful custody.
