The Malindi law court has overturned a ruling against Member of County Assembly for Mkomani ward in Lamu County, Yahya Ahmed.
The MCA had been jailed for nine years and six months after he was charged with attempting to aid the escape of three people who had been convicted of drug trafficking.
Judge Reuben Nyakundi delivered the ruling after an appeal was made at the courts. Ahmed was released on a Sh.300,000 bail.
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In his ruling, the judge said that he differed with the lower court’s decision to convict the MCA despite having insufficient evidence to hold him. He also pointed out that the witnesses in the case had given conflicting accounts.
“One of the reasons as that I differed with the magistrate of the lower court 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 the court expects witnesses to have a consistent version of events and in this case, the police officers who gave the accounts are conversant with the law.
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“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.
In addition, the lower court had been told that there were more people who were working together with the MCA but no one else was arrested.
Nyakundi also said the MCA might have been trapped as several charges had been preferred against him despite the incident happening once.
The elated Ahmed was released on a bond of Sh500,000 with a surety of a similar amount or a cash bail of Sh. 300,000.
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