State quits case but court declines to acquit trader : The Standard

A magistrate has declined to acquit a businessman in a strange turn of events after the prosecution applied to withdraw the case. Kilungu Law Courts senior resident magistrate E Muiru ruled that the prosecution had not convinced the court on why they were withdrawing the case against businessman George Otolo. Mr Muiru added that the case would proceed until conclusion, even without a complainant. The magistrate’s decision left the prosecutor and the accused confused, as it raised the question of who would prosecute it after the office of the Director of Public Prosecutions indicated it would not pursue the criminal case anymore.

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“It comes as a surprise to me that the prosecution seeks to withdraw the case on account of new information that has come to their possession. It is not clear how they reached the decision. I, therefore, do not find merit in their application to withdraw the case and disallow it,” ruled Muiru. The businessman owns and runs a car hiring company and had hired out one of his vehicles on July 6, last year to two individuals without knowing what they would be used for. Unknown to him, the two men; Nichanor Radolo and Collins Otieno; were arrested in Makueni with 413kg of bhang worth Sh2 million in the vehicle.

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They were charged, on July 8, last year at Kilungu Law Courts, with trafficking in 413kg of cannabis. Detectives commenced investigations to ascertain the vehicle’s ownership and upon conducting a search with the National Transport Safety Authority (NTSA) it was confirmed that the registered owner was George Otolo.

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They summoned the businessman to explain how his vehicle was used to transport the drugs, but he ended up being arrested and charged last February 27, even after he produced documents to show he only hired out the car to Radolo and Otieno. The accused, through lawyer Sam Nyaberi, told the court he was just an innocent businessman who hired out one of his cars without knowing the intention of the people who hired it and produced copies of the agreement for the car hire. Nyaberi had challenged the charges arguing the investigations were poorly done to frame the trader and that no cause was established whatsoever to warrant his arrest and prosecution. The magistrate directed that the matter proceeds on November 21.

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