Big Win for City lawyer Kimani Wachira as court sets free an OCS charged with aiding suspect to evade lawful Custody.
Lawyer Kimani Wachira represented relentlessly OCS Samir Yunus who had been charged alongside Amos Odhiambo with aiding a prisoner to escape from unlawful custody contrary to section 124 of Penal code.
According to the charge sheet, the OCS had been accused of aiding Hussein Mumin Hassan on April 12, 2022 at Pangani Police Station.
The OCS and the Co-accused person denied the charges when they were presented to the court.
While delivering his Judgement after a spirited defence from Mr.Samir Yunus, Lawyer Kimani Wachira dismissed the prosecution’s case and convinced the Senior Principal Magistrate CN Mugo who ruled that Mr.Yunus was innocent and a law abiding Citizen.
This was after Mr Wachira used the cross examination case to dismantle the prosecution’s case hence making the case to sway on his client’s favor.
” The prosecution’s evidence was full of loopholes which unfounded and the investigating Officer failed to seal them,” said the magistrate.
He added, ” I therefore find that a Prima Facie case has not been established and i proceed to acquit both the accused person under section 210 of the penal code,” the court ruled.
The prosecution had told the court that the the NTV Expose’ showed the accused persons aided the victims to escape.
Furthermore, according to the investigative officer, the OCS ordered that the accused person be released from cells pending further instructions, the accused person denied the wrong doing.
The court conquered with the defense that the NTV expose’ did not fully identify the accused person aiding the suspect to escape from the lawful custody.
