- The case that is before the Kapsabet chief magistrate Samuel Mokua had placed the suspects at the murder scene on January 23, 2023.
- Mbati pleaded to the court not to accept the claims of withdrawal until a written letter from the ODPP is provided.
The state is planning to withdraw murder charges facing 10 suspects of the Karebe gold mines blast that killed 3 people.
A state counsel, Brenda Oduor, told the court that she had been directed by the ODPP, through a phone call, of the intention to withdraw charges against the 10 suspects.
The case that is before the Kapsabet chief magistrate Samuel Mokua had placed the suspects at the murder scene on January 23, 2023.
The Karebe Gold mines blast claimed the lives of 3 people and seriously injured 6 others.
Lawyers from the Kenya Human Rights Commission, representing victims and the mining company, however, protested the withdrawal of the case.
They demanded a written statement from DPP Noordin Haji on the same.
The KHRC team led by Festus Mbati, Brian Olang’ Jacob Ngwele and Abner Mango for the worker employer-Karebe Gold mines, told the court that DPP must write to the court on the reason for the intended withdrawal.
“Three people lost their lives while Six others suffered serious injuries. DCI investigators did their thorough work and placed the suspects before this court at the scene of the murder.
“Now that ODDP has decided not to charge them with murder, he has a duty to give an explanation to the victims on the reasons that guided him into the arrival of such a conclusion,” Mbati said.
Referring to a recent decision by DPP to withdraw charges against former interior C.S Fred Matiang’I, Mbati said Haji provided reasons in a detailed statement.
He cast doubt on the claim by Oduor that the ODPP gave a direction for the withdrawal of the case through a phone call.
“While prosecuting criminals was a preserve to the ODPP, the 2010 constitution provides leeway for citizens to seek justice through a private prosecution."
Mbati pleaded to the court not to accept the claims of withdrawal until a written letter from the ODPP is provided.
“This matter has a lot of public interest across the nation because we do not want impunity. Karebe Gold mines lost three experienced miners while Six others were nursing injuries, they are seeking justice from the courts,” Olang told the court.
The suspects are represented by R. Kinyanjui who declared the ODPP decision as perfect demanding that his clients be refunded their bail money.
Mokua said he would make a ruling on the matter on April 11, 2023.
He directed the suspects to continue making weekly reports at the Chemase police station.