Mkomani MCA acquitted by Malindi Court

Lamu County’s Mkomani Ward Member of County Assembly Yahya Ahmed Shee who was jailed for nine years and six months for attempting to aid the escape of three drug trafficking convicts has been acquitted by a Malindi High Court.

Ahmed Shee was out on a cash bail of Kshs 300,000  after an appeal when former Malindi resident Judge Justice Reuben Nyakundi delivered the judgement at the Malindi Law Courts on Friday.

In his judgment, Nyakundi differed with the decision of the lower court that first delivered a guilty verdict on the MCA, saying there was no sufficient evidence to hold the assembly member.

She further pointed out that witnesses called upon to testify against the MCA had conflicting versions of events.

For example, Nyakundi said police in their statement had said there were so many people who police claim conspired with the MCA but there was no explanation why the others were not arrested.

The judge wondered why there was difficult to arrest one or two other people in connection to the matter and only the MCA was nabbed.

“One of the reasons as that I differed with the magistrate of the lower court and I do not want to go into details because you will read the judgement yourself is that the witnesses in the case were many but when you analyze deeply there was no reason to show why they were differing in their statements yet they were present when the incident happened,” he said.

He said it was strange that an incident happened and all the witnesses were there but each gave a different version of the incident.

Nyakundi said by right the witnesses ought to have same opinions, versions of what they witnessed exactly adding that the witnesses were people who are conversant with the law.

“I have put into consideration the kind of witnesses who were involved in testifying against the case in the lower court about the incident which happened they are police officers,” he said.

The judge said even the counts leveled against the MCA were so many and the incident happened at one time adding that it was as if the state was ensuring he falls into the trap in one of the many counts.

Addressing media outside the law courts a joyful Ahmed Shee hailed the court for granting him his freedom and enabling a fair ruling.

“Today while at the high court before Justice Nyakundi where I appealed the Jude acquitted me because he found I was innocent,” he said.

He thanked his family, supporters, and those who helped him in the case which has enabled him to be free at last, and hailed the court in Malindi for ensuring justice prevails.

His lawyer Alfred Omwancha’s attempt to file an application for a refund of the cash bail was dismissed as the judge told him to make the application at the deputy registrar.

Omwancha who followed the judgment virtually later told journalists on the phone that he was happy too as the case was sensitive to seeing an MCA being jailed.

The lawyer said they fought after appealing to be able to get a bond until finally, they managed to free him on a bond of Sh. 500,000 with a surety of a similar amount or a cash bail of Sh. 300,000.