A Mombasa court has freed seven Kenya Defence Forces (KDF) operatives who were charged with dealing in meth worth Sh192 million, due to a lack of sufficient evidence from prosecution that the seven needed to stay in custody.
The soldiers have however been freed on Monday, December 22, with an undertaking of an amount of Sh500,000 after the ODPP informed the court that investigations within the case were still in progress.
The prosecution said they were still waiting for a laboratory analysis report from the government chemist to confirm the composition of the substance they had arrested the suspects over. The DCI asked for more time to continue detaining the suspects after telling the court that the alleged drugs had been taken for analysis and the results were expected by January 3.
However, the defence attorneys were opposed to the motion, as they believed that the time taken at the chemist’s could in no way justify the suspects being held in police custody. They felt that without conclusive results, the prosecution had no right to pursue the charges.
The defence also contended that neither law enforcement nor prosecutors have any mandate to examine or categorise suspected narcotics, adding that only qualified scientific evidence can provide a basis for any charges against narcotics.
Through her ruling, the Senior Principal Magistrate Gladys Olimo concurred with the defense arguments that the court cannot be used as a holding cell pending the completion of investigation processes.
“The court has been informed that the report from the government analyst will be out by January 3rd. In fact, it seems to me that is no good ground for keeping the respondents in detention,” said Magistrate Olimo.
“Unless there were very good reasons from the prosecution, the court would not extend their detention,” she added.
The seven soldiers were arrested over the alleged trafficking of methamphetamine estimated to weigh 25 kilograms, which was packed in whitish crystalline packets and valued at about Sh192 million on the black market.
After the ruling, the ODPP justified the move to charge the suspects in court, arguing that the move was conducted under facts, evidence, and the law. Through an online posting, the Prosecution argued that their actions satisfied the legal benchmark for criminal charges. The ODPP again reiterated its independence, stating that it operates within the framework of the applicable law that ensures the rule of law and the rights of the suspects are protected.
