The Director of Public Prosecutions (DPP) Noordin Haji has appealed the acquittal of Kimilili Member of Parliament Didmus Barasa in a case where he had been accused of planning to cause violence during the Kabuchai by election.
Bungoma Resident Magistrate John Mugute ruled that there was no sufficient evidence to charge the Ruto-allied MP for the offence.
“The prosecution has failed to show that a felony was about to be committed. Assuming that the accused person in this matter was found in possession of hoe sticks, which is not the case herein, that itself does not constitute a case,” Mugute ruled.
Deputy DPP, Victor Mule maintained that, the trial court erred in law in acquitting the Kimilili legislator.
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.
Following the March 2021 Kabuchai mini polls, Barasa was arrested alongside Belgut MP Mr Nelson Koech, Chesumei’s Wilson Kogo and Nandi Senator Samson Cherargei.
The three were also acquitted for lack of evidence.
The four lawmakers had been arrested on March 4, 2021, on allegations of planning chaos in Kabuchai as well as stopping officers from taking their fingerprints.
The legislators in unison alleged that their arrests were politically motivated and meant to stop them from supporting their United Democratic Alliance (UDA) candidate.
Speaking to the media after being acquitted, Barasa said that justice had finally prevailed.
He assured to hit the ground campaigning for Deputy President William Ruto’s presidential bid.
