What you need to know:
- State Counsel James Kinyua told Senior Principal Magistrate Thomas Muraguri that they no longer intended to pursue the case against the youngest MP in Kenya for lack of sufficient evidence.
- Mr Kinyua tabled a letter signed by Deputy Director of Public Prosecution Nicholas Mutuku, instructing the court to free Mr Mwirigi after a two-year back and forth.
A Meru magistrate’s court on Monday acquitted Igembe South MP John Paul Mwirigi of charges of obstructing police officers and helping a prisoner to escape.
The MP had been charged with unlawfully obstructing Police Constable Mohammed Demo from executing his duties at Mucuune along Mikinduri-Maua road in Tigania Central Sub-county on November 26, 2018.
The second charge was of helping a driver to escape from lawful custody after being arrested for driving a car with worn out tyres.
The court acquitted Mr Mwirigi after the prosecution said it did not have enough evidence to prosecute him.
State Counsel James Kinyua told Senior Principal Magistrate Thomas Muraguri that they no longer intended to pursue the case against the youngest MP in Kenya.
Mr Kinyua tabled a letter signed by Deputy Director of Public Prosecution Nicholas Mutuku, instructing the court to free Mr Mwirigi after a two-year back and forth.
Last May, Mr Mwirigi wrote to DPP Nordin Haji, saying witness statements pointed to malice with the intention of embarrassing him, hence the need to withdraw the case.
Mr Muraguri did not grant the MP’s request for the case to be withdrawn under section 210 of the Criminal Procedure Code but acquitted him under section 87 (A).
The magistrate said the court lacked jurisdiction to invoke section 210 to terminate the matter.
The MP had also argued that no action was taken yet he and members of the public complained against the culpability of traffic officers for the fracas that led to his arrest.
Mr Mwirigi was represented by lawyers Peter Kaimba, Gitonga Murugara and Dan Maanzo.
Immediately after the ruling, his supporters broke into song and dance and drove away in a long convoy to Maua town, where he was given a hero’s welcome.