A Malindi court has acquited a Lamu MCA who had been jailed for nine years.
Mkomani MCA Yahya Mohamed Shee was jailed for nine years and six months for attempting to aid the escape of three convicts of drug trafficking but has now been acquitted by a Malindi high court.
Shee had appealed against the judgment and was out on cash bail of Sh. 300,000 could not hide his joy upon hearing the judgment delivered by former Malindi resident Judge Justice Reuben Nyakundi at the Malindi law courts on Friday.
In his judgment, Nyakundi noted that he differed with the decision of the lower court that convicted the MCA because there were so many things in the case against the accused which were not adding up.
For example, Nyakundi said police in their statement had said there were so many people who police claim conspired with the MCA but there was no explanation why the others were not arrested.
The judge wondered why there was difficult to arrest one or two other people in connection to the matter and only the MCA was nabbed.
“One of the reasons as that I differed with the magistrate of the lower court and I do not want to go into details because you will read the judgement yourself is that the witnesses in the case were many but when you analyze deeply there was no reason to show why they were differing in their statements yet they were present when the incident happened,” he said.
He said it was strange that an incident happened and all the witnesses were there but each gave a different version of the incident.
Nyakundi said by right the witnesses ought to have same opinions, versions of what they witnessed exactly adding that the witnesses were people who are conversant with the law.
“I have put into consideration the kind of witnesses who were involved in testifying against the case in the lower court about the incident which happened they are police officers,” he said.
The judge said even the counts levelled against the MCA were so many and the incident happened at one time adding that it was as if the state was ensuring he falls into the trap in one of the many counts.
“On my side, I have removed all the charges leveled against and dismissed the judgment that convicted Yahya Ahmed Shee Basodhe,” ordered the Judge.
Immediately after the ruling Basodhe left the dock and walked out free.
Addressing journalists outside the law courts the MCA said he was very happy that justice had finally been found.
“Today while at the high court before Justice Nyakundi where I appealed the Jude acquitted me because he found I was innocent,” he said.
He thanked his family, supporters, and those who helped him in the case which has enabled him to be free at last, and hailed the court in Malindi for ensuring justice prevails.
His lawyer Alfred Omwancha’s attempt to file an application for a refund of the cash bail was dismissed as the judge told him to make the application at the deputy registrar.
Omwancha who followed the judgment virtually later told journalists on the phone that he was happy too as the case was sensitive to seeing an MCA being jailed.
The lawyer said they fought after appealing to be able to get a bond until finally, they managed to free him on a bond of Sh. 500,000 with a surety of a similar amount or a cash bail of Sh. 300,000.
