Kenya: DPP Appeals Acquittal of MP Didmus Barasa in Poll Violence Case

Nairobi — The Office of the Directorate of Public Prosecutions (ODPP) have appealed the recent acquittal of Kimilili Member of Parliament Didimus Barasa who had been accused of breach of peace by causing election violence during the Kabuchai by-election in March last year.

This appeal comes two days after Bungoma Resident Magistrate John Mugute ruled that there was no sufficient evidence to charge the Ruto-allied MP for the offence adding that the prosecution had failed to show that the accused intended to commit felony.

However, the Deputy DPP, Victor Mule said Thursday in a statement that, the trial court erred in law in acquitting the Kimilili legislator.

He stated that on April 29, 2021, “the ODPP received an inquiry file from the Directorate of Criminal Investigations (DCI) on investigations into allegations that Barasa was found armed with offensive weapons, along Bungoma Chwele Road, in circumstances that indicated that he was so armed with intent to cause election violence during repeat polls which was scheduled to be held on March 4, 2021.”

Mule said that they were dissatisfied with the court ruling pointing out that there was sufficient evidence adduced in court to convict the accused person.

“Upon a thorough perusal of the inquiry file and analysis of the evidence, the ODPP was satisfied that there was sufficient evidence with a reasonable prospect of a conviction to prosecute the suspect for the offence of preparation to commit a felony contrary to section 308(1) of the Penal Code, Cap 63, Laws of Kenya,” the Deputy DPP said.

He added that the ODPP presented evidence through witnesses to prove the accusation against Barasa.

“The Office of the Director of Public Prosecutions 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 adduced in court to convict the accused person,” he added.