Director of Public Prosecution Noordin Haji is set to appeal the acquittal of MP Didimus Barasa for causing election violence during Kabuchai Constituency by-election.
The Kimilili MP was acquitted in a case in which he had been accused of planning to cause violence in Kabuchai last year.
Bungoma Resident Magistrate John Mugute ruled that there was no sufficient evidence to nail the MP.
But in a statement on Friday, Haji said the trial court erred in law and in fact in acquitting Barasa.
"DPP Being dissatisfied with the decision of the trial court has appealed against the whole of the said decision on the basis that there was sufficient evidence in court to convict the accused person," he said.
The MP was acquitted alongside Nandi Senator Samson Cherangei, Nandi MP Wilson Kogo and Belgut's Nelson Koech.
The four legislators were arrested during the Kabuchai by-election on March 4 and accused of preparing to commit a felony as well as stopping officers from taking their finger prints.
The legislators had said the arrests were politically instigated to stop them from overseeing elections for the UDA candidate.
