The directorate of public prosecution has appealed the acquittal of five suspects linked to car theft syndicate saying that the lower court erred in its decision.
The Dpp says that the evidence provided in court was enough and a decision by a Kibera court to aquit them was wrong.
” That the state is dissatisfied with the decision of Kibera resident magistrate William Lopokoyit, a resident magistrate who aquitted them,” the appeal read in parts.
The Dpp has five strong fundamental grounds of the appeal that wants the high court to consider in quashing the lower courts decision.
The five David Rono, Titus Namuye, Robert Kiprotich Bett, Judy Nyambura and Joel Wanda had been charged at a Kibera court with the offence of theft of the motor vehicle and they were placed on their defence.
They had been accused of stealing a Toyota fielder in 2016 and the court found them with a case to answer.
This was after the prosecution called several witness who testified in the case.
“I have gone through all the evidence on record. In particular, I have considered the detailed submissions at this stage of the trial received from both sides…” he said.
In the case, the suspects alledgly stole a newly imported vehicle on September 3, 2016 at unknown place within Kenya.
The charge sheet says that they stole a motor vehicle registration number KCJ 879D make Toyota fielder valued at Sh1,2m. It was belonging to city businessman.
They denied the charges and were released on Sh300,000 cash bail.
The high court will give it’s judgement on the appeal on October 4, 2022