Court frees 15 Raila chopper attack suspects for lack of evidence

Two of the 17 suspects accused of stoning a chopper that was carrying ODM leader Raila Odinga in Kabenes, Uasin Gishu County, one week ago have been charged while the rest were released because of lack of evidence.

Eldoret Senior Principal Magistrate Emily Kigen on Wednesday directed that 15 suspects be released, while the remaining two were charged.

Investigating officer Daniel Polo told the Senior Principal Magistrate that the remaining 15 suspects will be required to report at a police station for one month pending further directions.

Abedinego Kiptanui and Kenneth Kupkosgey Sawe were charged with malicious damage to property regarding the Eurocopter 5Y-DSB, whose front and right screens were valued at Sh577,500 and wilfully and unlawfully destroying the aircraft, contrary to Section 5 (b) of the Protection of Aircraft Act, CAP 68, Laws of Kenya.

They were also charged with creating a disturbance in a manner likely to cause a breach of peace by throwing stones at the helicopter that carried Mr Odinga and other politicians to the home of the late businessman Jackson Kibor.

"Following our investigations, we have no evidence to link the 15 to any other charges in relation to the stoning of the chopper. But the first and second respondent will be charged accordingly," Mr Polo told the court.

The release of the 15 sparked joy at the court, with their relatives breaking into song and dance, saying their children were innocent.

Their lawyer Titus Bitok hailed the police for their investigations.

The 17 suspects had been in custody as police investigated the attack on the chopper that was carrying Azimio la Umoja-One Kenya Alliance presidential flag-bearer.

The attack happened in Kabenes, Uasin Gishu County during the funeral of the prominent businessman Mzee Jackson Kibor.

Prosecutors, led by state counsel Jamleck Mureithi, had told the court that the suspects started shouting ‘sisi ni UDA’ while advancing toward the aircraft with stones in their hands.

“The pilot alerted his passengers, who rushed to the helicopter. The suspects started pelting the aircraft with stones as it attempted to take off with one of the stones penetrating the airshield, breaking it and almost hitting Mr Odinga,” he said.

The Directorate of Criminal Investigations (DCI) had named two MPs and a county assembly Speaker as being connected to the attack.

DCI said preliminary investigations indicated that the chaos was organised and coordinated by Soi MP Caleb Kositany, his Kapseret counterpart Oscar Sudi and Uasin Gishu County Assembly Speaker David Kiplagat.

They were summoned to the Rift Valley DCI headquarters in Nakuru on Sunday and questioned.

The DCI said in its preliminary report that the youths who pelted the chopper with stones had been incited to do so.