Youth accused of looting MP’s supermarket during protests acquitted
Part of the 35 suspects who appeared before the Nyeri Law Court, where they were charged for breaking and stealing goods from Chieni Supermarket in Nyeri town during the anti-Finance Bill protests on Tuesday.
Three youths accused of taking part in the June anti-government protests against the Finance Bill, 2024 and looting Chieni Supermarket have been released unconditionally by a Nanyuki court.
The trio was making their eighth court appearance on Wednesday when the prosecution informed the trial magistrate that there was no sufficient evidence to charge them with the offence.
Ms Linnet Akinyi from the Office of Directorate Public Prosecution (ODPP) told the court that she was not in a position to prefer any charges against the suspects since the investigating officer had not obtained sufficient evidence to link them with any crime.
“I pray the court that this matter be closed since we have not gathered sufficient evidence to charge the three suspects,” the prosecutor told Nanyuki Resident Magistrate Emmaculate Deche.
Ms Deche acquitted the trio, Mr Lawrence Ngunyi, Mr Peter Wangai and Ms Joyce Mwangi, three months after their arrest on accusation that they took part in looting and torching Nanyuki’s Chieni Supermarket during the anti-government protests on June 25 over the controversial Finance Bill.
Mr Wangai and Ms Mwangi were abducted by Subaru-driving detectives believed to be based in Nairobi, locked up at a police station in Nyeri and later arraigned in a Nanyuki court while Mr Ngunyi presented himself to the police station on learning that he was being sought by the law enforcers.
A DCI officer based at Nanyuki Police Station took over the investigations but was later transferred without formally charging the suspects.
During their first appearance on July 10, the investigating officer Martin Musau had sworn an affidavit stating that the suspects had been captured on CCTV cameras leading another group of youths in looting, vandalising and torching Chieni Supermarket where property valued over Sh300million was stolen or destroyed. The retail outlet is associated with Kieni MP Njoroge Wainaina.
But since then, days have dragged on without detectives providing an update on the investigations during court appearances. Each of the three suspects was out on a Sh20,000 cash bail.
Malicious prosecution
Soon after their acquittal by the court, they announced their plans to sue the government over malicious prosecution in an effort to stop security officers from prosecuting innocent Kenyans deemed to be anti-government.
“We are consulting our lawyers with a view of suing the State for malicious prosecution. It is high time this culture of police abducting people and taking them to charge with trumped up charges comes to an end,” said Mr Wangai.
Ms Mwangi said though they were happy that they had been proven innocent of claims of being looters and arsonists, it was painful that they were victimized for having applied for a police permit to hold the June protests.
“We shall not be cowed by the arrests and malicious prosecution. I call upon fellow youths to stand up to fearlessly defend their constitutional rights. Corruption is rife in this government and we shall not tire speaking against it,” said Ms Mwangi.
