21 people that had been accused of burning a police station in Kakamega County are off the hook.
This is after an Eldoret Magistrate’s Court acquitted them of arson charges that they were facing.
The 21 were arrested in connection with an attack and burning down of Mburur police station in Likuyani, Kakamega County in October 2020.
During the hearing of the case, the prosecution told the court that the suspects, together with others attacked the police station after two officers allegedly killed a suspected who was in their custody.
“The arson incident at Mbururu police post was triggered by two police officers from the station who allegedly assaulted and killed a suspect in their custody. The officers alleged to have released the suspect who went missing and later it was discovered that they killed the suspect and secretly dumped the body at unknown place,” corporal Benjamin Some attached to DCI in Lugari Sub County told the court.
Immediately after the arson incident, police officers engaged in a crackdown through villages in the area, hunting down suspects behind the incident.
The 21 were arrested in the process and charged before an Eldoret court on October 15.
They faced among others arson, malicious damage to property and assaulting a police officer.
But the accused denied the charges.
They were each released on Ksh200,000 bond with a surety of similar amount pending hearing and determination of the case.
No case to answer
However, after hearing of the case and submission from both sides, Eldoret Chief Magistrate Dennis Mikoyani ruled that the prosecution did not convince the court that the accused were directly linked to the arson incident.
He noted that the arrest were made based on rumours since there was nobody who saw the accused burning the station as alleged.
“From the evidence produced in this court, the accused have no case to answer,” Mikoyan said in part of his ruling.
“I therefore release them under section 210 of CPC. You are free to go home,” he added.
However, one of the suspects in connection with the incident was found to have a case to answer in relation to an assault case against the then Mbururu station officer in charge.
The court directed that she presents her submission on September 29, 2023.
The deceased person who triggered the incident had allegedly been arrested for assaulting a police officer in charge of the patrol base on allegations of failing to wear a face mask.
Police officers from the station had alleged that the suspect was released on bond pending filing of a P3 Form.
However, the body of the suspect who was identified as Dennis Lusava alias Makali was later found floating on River Nzoia in Webuye on October 11.
Two police officers accused of killing the suspect have since been arrested and charged with murder.
The case is still going on at the Eldoret High Court.
