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 charged with a felony for breaching the peace by causing election violence during the Kabuchai constituency March by-election.
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.
“The prosecution has failed to prove its case against the accused person in all counts,” the court ruled.
But in a statement on Friday, Haji said the trial court erred in law in acquitting 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,” the DPP said.
Barasa was among four lawmakers arrested in March last year over chaos witnessed during the Kabuchai polls.
The legislators had said the arrests were politically instigated to stop them from overseeing elections for the UDA candidate.
