A Nairobi Court has released Elius Kemboi Korir after the warrant of arrest under which Kemboi was arraigned in Court had been suspended by another Court.
The highly publicized case saw Kemboi arraigned in court under arrest on December 18, 2024.
His defense Lawyers put on a spirited fight to have his plea taking deferred citing misuse of Judicial Process by the prosecution.
On the other hand, the prosecution, represented by Mr. Gachoka, pushed to proceed with the plea taking.
Advocate Kyobika for the defense argued that the accused had previously been granted a cash bail of Ksh 200,000 and anticipatory bail of Ksh 100,000 following related proceedings in another case hence dragging him in Court was completely out of order.
They further noted that the warrant of arrest issued in the case had been suspended after the accused voluntarily presented himself before the court.
The prosecution countered by asserting the validity of the proceedings, emphasizing that there were no orders staying the case against Kemboi as alleged by the defense.
Chief Magistrate Shitubi on Friday afternoon after reviewing submissions and court records, ruled that the warrant of arrest had indeed been suspended, reaffirming that no new charges warranted the accused’s detention.
She criticized the prosecution for misleading the court and upheld the trial magistrate’s decision to set the next hearing for January 29, 2025, allowing Mr. Korir time to recover and prepare for plea-taking.
