A Nairobi court has acquitted a former Officer Commanding Station (OCS) who had been charged with aiding a suspect to escape from lawful custody.
Former OCS Samir Yunus and his co-accused, Amos Odhiambo, had been facing charges of aiding a prisoner to escape from lawful custody contrary to Section 124 of the Penal Code.
The two were accused of assisting Hussein Mumin Hassan to evade detention on April 12, 2022, at Pangani Police Station.
They denied the charges when they were arraigned in court.
In his judgment, Senior Principal Magistrate C.N. Mugo ruled that the prosecution had failed to establish a prima facie case against the accused, thereby acquitting them under Section 210 of the Criminal Procedure Code.
“The prosecution’s evidence was riddled with loopholes and the investigating officer failed to close the gaps,” ruled the magistrate.
The court was persuaded by lawyer Kimani Wachira, particularly during cross-examination, which cast significant doubt on the prosecution’s case.
Wachira argued that his client was a law-abiding citizen and that no credible evidence linked him to the alleged offence.
The prosecution had claimed that the OCS gave instructions for the suspect to be released from the cells pending further directions an allegation the accused persons denied.
