The DPP has been ordered to arrest and prosecute an Embakasi police officer who was bribed to free theft suspects and prosecuted an innocent man.
Makadara principal magistrate Stephen Jalang’o on Friday said it was unfortunate that Samuel Mwaura was arrested without evidence and dragged to court after the culprits were released.
Mwaura was charged with stealing 560 bags of sugar, each weighing 50kgs and worth Sh2,500,000, the property of Bollore Africa Logistics.
The charge sheet said he had committed the offence with others not in court on April 23, 2017, along the Eastern bypass. He denied the offence.
The prosecution had called seven witnesses.
The particulars of the case were that Bollore contracted Dunken Ventures on April 23, 2017, to transport the sugar to Nanyuki Road in Industrial Area.
The driver, identified as Paul, arrived in a vehicle with registration no KBV 265 F, which was found abandoned the following day on Maasai Road minus the 560 bags of sugar.
The driver could not be reached on phone and he is still at large.
Bollore security officer Gift Kitambo reported the incident at Embakasi police station.
On April 26, police officers are said to have visited a house where the sugar was offloaded and loaded to another truck.
Juma Charo, another prosecution witness, testified that customer Fredrick Gateri offloaded 550 bags of sugar from a motor vehicle at their stores on April 23.
He later loaded the same sugar to three lorries and paid the witness Sh14,000. Charo later learnt that the goods had been stolen.
The prosecution closed its case without calling the investigating officer to say why he arrested Mwaura.
In his defence, Mwaura said he and Gateri, Mutinda and another only identified as Matayo were arrested on April 27, 2017, and taken to Embakasi police station.
The three allegedly bribed the police and were released, leaving him in the cells.
The magistrate said the evidence on record pointed to the fact that the goods were stolen by the driver of KBV 256F and Gateri.
“According to the accused, Gateri was arrested but released after he bribed police officers. That explains why the investigating officer failed to appear and testify,” he said.
Jalang'o subsequently ordered the DPP and the complainant to follow up the matter and ensure action is taken against the officer who released the main suspects.
“From the above reasons the prosecution has failed to prove its case beyond reasonable doubt as required by law,” he said.
