The Director of Public Prosecution Noordin Haji has withdrawn a case against six Azimio leaders who were charged with participating in unlawful demonstration and malicious damage.
The DPP through prosecution counsel informed court that for the sake of dialogue and peace, they sought to withdraw the case.
“We wish to withdraw the case under section 87A of the Penal Code to create an enabling environmmet for peace between the accused persons and the state. I urge that the matter to be withdrawn”, the prosecution said.
Ugunja MP James Opiyo Wandayi, Kilifi Senator Stewart Madzayo, Richard Chonga (Kilifi South MP), Amina Laura Mnyazi (Malindi), George Yogo Obure and Esther Oromi who did not appear in court, were discharged by Kahawa Law Court senior principal magistrate Boaz Ombewa on Monday.
“I have considered the application by the state for withdrawal of the six accused persons under section 87A, and i hereby discharge them”, Magistrate Ombewa said.
He said the accused are considered discharged and ordered that cash bail be refunded to the depositors.
The six through their lawyer Danstan Omari thanked the state and the judiciary for withdrawing the case.
Omari said the reasons given by the state are fundamental.
“The charge sheet that was brought in court would not be sustained . It’s our considered view that Parliament should move with speed and underline the section so that the state does not get embarrassed on relying on a section that does nor exist. The state should improve on law reform”, Omari told court.
He said Police action on political matters should be restricted as the case was purely a political matter.
He said the matter was concluded on Sunday politically.
“On behalf of the six, four Mps were holding serious positions in the government, we urge state to be tolerant on political issues and on how they handle leaders with when they start the case to avoid embarrassment” he added.
He hoped that the 200 protesters on Kibera, Kiambu and Makadara will be withdrawn too.
The six had been accused that jointly with others not before the court, they took part in an unlawful assembly.They are alleged to have committed the offence on March 20 at around 10 am along City Hall way, Nairobi.
They face a second count of maliciously damaging property.
The charge sheet states that on the same dates and place, jointly with others not in court, willfully and unlawfully destroyed a motor vehicle Volkswagen Passat valued at Sh1.1 million belonging to Joyce Nyambura.
