DPP terminates case against 10 suspects linked to Nandi explosion that killed three miners
A site at Karebe Gold Mine in Chemase, Nandi County, as pictured during construction on September 25, 2020.
The State has terminated the case against 10 suspects linked to an explosion in a gold mine in Nandi County that killed three miners.
The Director of Public Prosecution Noordin Haji closed the file of suspects involved in the explosion at Karebe Gold Mining Company in February due to a lack of sufficient evidence.
The DPP asked Kapsabet Chief Magistrate Court on Tuesday, April 11 to release the suspects without conditions.
Chief Magistrate Samuel Mokua ruled that the Court has no power to compel DPP to press on with the case.
“The court has no constitutional mandate to oppose the decision by the DPP to terminate and close the file,” said Mr Mokua.
But the Law Society of Kenya (LSK) President Eric Theuri, Kenya National Human Right Commission lawyers and Karebe Company legal team vowed to seek justice for the families who lost their loved ones in the explosion.
Mr Theuri claimed the DPP acted under political influence and interference by interested parties.
“The decision to terminate the case is intended to frustrate the current investors who have created employment opportunities for the locals,” said Mr Theuri.
Mr Mokua further ruled that the cash bail be refunded to the freed suspects and directed that the Court Registry provide copies of the ruling to the legal in the event they want to appeal in High Court.
On January 23rd, three miners succumbed to critical injuries caused by the explosion in Chemase, Nandi County that exposed bitter rivalry in the gold fields. Six other people were injured in the incident.
Karebe Gold Mines is among the largest in the country and is managed by a Kenyan of British ancestry.
Tension had been brewing between Karebe and Nandi/Chemase Company over gold mining rights on the Nandi escarpment in Tinderet constituency since 2019 when the former fell out with a land owner who had leased a parcel for mining gold.
The three miners —Geoffrey Onyango, Julius Kipchumba and Geoffrey Rotich — died after a tunnel they were extracting gold from caved in on them in an early evening tragedy.
It is alleged that miners from the rival company set up explosives and detonated them when more than 40 Karebe Mining workers were extracting gold in a tunnel at the location identified as ‘Level 3’.
The Karebe Company legal team led by Albane Mango said the decision by the DPP will scare away investors and result in loss of jobs.
Mr Manago disclosed that Amnesty International legal team has been enjoined in the case and will seek justice at the High Court.
The DPP failed to present charges against the 10 suspects following the arrest until March 17th when he sought to terminate the case.
