ODPP To File Appeal After MP Didmus Barasa Is Acquitted Of Felony

NAIROBI,Kenya, Feb, 4 – The Office of the Director of Public Prosecutions (ODDP) has expressed its dissatisfaction over a decision by the trial court to acquit Kimilili MP Didmus Barasa after he was charged with a felony for breaching the peace by causing election violence during the Kabuchai constituency by-election.

He was charged with committing the offence on March ,4,2021.

According to an investigation report, Barasa was accused of being in possession of offensive weapons, in circumstances that indicated he was armed with the intent to commit the said felony contrary to section 308 (1) of the Penal Code,Cap 63,Laws of Kenya.

“The suspect was subsequently apprehended,arraigned and charged with the said offence. The ODPP presented evidence through witnesses tp prove the charge,” said the ODPP in a statement further saying that,”The ODPP maintains that the trial court erred in law and in fact acquitting the accused person,”

Barasa was acquitted onJanuary,31,2022.

The ODPP is now expected to appeal the ruling on the basis that there was sufficient evidence adduced in court to convict the accused person.

The Directorate of Criminal Investigations (DCI) had forwarded the file to the ODPP following the incident that occurred along the Bungoma Chwele road within Bungoma county.

Upon the perusal and and analysis of the file, it is said that there was sufficient evidence to charge Barasa.