The Director of Public Prosecutions (DPP) has ordered the review of affray charges levelled against American national Andrew Kings.
Kings had been accused of assaulting one Anne Kananu over five times after a disagreement.
In a letter addressed to the tourist police unit in Malindi, Assistant Director of Public Prosecutions Vivian Kambaga indicated that the allegations being levelled against Kananu, who is the complainant in the matter, were made in bad faith in efforts to sanitize the actions of the suspect.
The move comes barely a week after K24 Digital highlighted the plight of Kananu, where she had allegedly reported over five assault cases against Kings and no action had been taken to arrest the suspect.
Amendment of charge sheet
“The upshot of the above is that evidence discloses that Kananu (the victim) was assaulted by Andrew Kings, and the charge sheet should be amended from affray to assault causing actual bodily harm,” part of the letter reads.
According to a police file that had been forwarded to the DPP for further directions, the tourist police officers had recommended the duo be charged with affray.
However, Kambaga differed with the police and indicated that Kings had assaulted the complainant, thereby causing her actual bodily harm.
“The allegations against Kananu on breach of peace do not meet either evidentiary or public interest tests and are brought in bad faith,” Kambaga said.
Witness statements
Kambaga has further recommended that four people who had been listed as witnesses in the affray file now record their statements afresh to strengthen the prosecution’s case against the American.
Kananu had reported five assault cases since March this year after they differed with the American, who is her neighbour over a dispute that arose due to delayed processing of a title deed to a parcel of land that Kananu had sold to him.
