Five Nigerians cleared of murder charges, walk scot free
The Kibera Law Courts in Nairobi.
Five Nigerian nationals arrested and detained in January for their alleged connection to the murder of a 25-year-old man in Riruta were released on Monday and are now back to their normal lives.
This comes after the Public Prosecutor's Office wrote to the Directorate of Criminal Investigation, Dagoretti Division, which was handling the investigation into the matter, saying there was no substantial evidence to charge the five with murder.
The prosecution said it came to this conclusion after an independent and thorough review of the case and consideration of the evidence on record and in other areas.
"There is insufficient evidence to charge Ibrahim Adegboyega Ohora, Taheeb Anu Bankole, Onashagwere Daniel, Bankole Imole Ibrahim and Badmus Rilman Olenkema with the offense of murder," prosecutor Dela Wilbey wrote in the letter dated February 26.
The Nation also noted that the Nigerians, who are students here in Kenya, were never charged when they were initially presented at the Kibera Magistrate's Court after police asked for more time to conduct investigations.
Shortly after receiving the prosecution's notice, the five were brought before the court and effectively cleared of any wrongdoing and returned to their homes.
They had been arrested on January 29 in connection with the death of Charles Waga Otieno, who worked at a nearby car wash and had allegedly delivered a carpet to the people living on the seventh floor of the Corner Height apartments.
However, the deceased is said to have jumped from the fifth floor under unclear circumstances shortly after delivering the carpet.
However, the police who arrived at the scene were puzzled by the fact that the victim was not wearing pants when he fell, as he was found wearing only a T-shirt.
The cops also found the deceased's cell phone, earpiece and cap on the trail from House 56 where he delivered the carpet to the Nigerians.
Addressing the press at Kibra Court, Nigeria's Acting High Commissioner to Kenya, Dr. Victor Jaja, confirmed that his compatriots had been released, adding that justice had been done.
The diplomat expressed concern over how the authorities arrived at the conclusion of accusing the suspects of a serious offense without providing evidence to support their claims.
"Apparently they were just accused. We do not even know how. We do not want to say they were accused because they are Nigerians, but we really want to know how," he said.
"If the legal team had not worked hard to help prove that the evidence on the record was not sufficient, the five Nigerians would have suffered injustice."
But in this case, he was happy that justice had been done by the Kenyan judicial system and hoped that it would continue to do so.
The diplomat also called on Nigerians living in Kenya to continue to be law abiding, hardworking and resourceful, cautioning that justice should not be disseminated through the media, adding that the wheels of justice only rely on evidence to determine matters.
"Our relationship (between Kenya and Nigeria) remains solid. The five Nigerians are back to their normal lives and I urge all Nigerians in Kenya to go about their lawful activities without fear," he said.
On his part, Eric Anyega, the lawyer representing the Nigerians, said he was happy that justice had been done to his clients and faulted the authorities for "blindly" arresting and charging them with a crime without any evidence.
"No evidence was presented to the court to justify their arbitrary arrest and detention. They were detained for almost 30 days without bail and they are students. Now they have returned to their normal lives. We wish them a happy school year in Kenya, which is an open country for all," he said.
He also urged Kenyans to see Nigerians as their friends, fellow Africans, adding that failure to do so will in the long run ruin the great relationship the two countries share.
"Nigerians are here doing legitimate business and as officers of the court, we are ready to defend innocent Nigerians.
"Our president has lifted visa restrictions and we invite peace-loving Nigerians to come and help us build the economy," he said.
