Nairobi — British national Jack Alexander Wolf Marrian and another suspect charged in 2016 with trafficking cocaine worth over Sh598 million have been acquitted.
High Court Judge Luka Kimaru freed them following a request by the Director of Public Prosecutions (DPP) to discontinue their prosecution after it emerged they were victims of circumstances.
The DPP had appealed against the decision by a Kibera Court questioning his powers to withdraw the charges and refused to free the two.
While seeking to terminate the criminal proceedings, the DPP reasoned that it would not be in the public interest to continue with the prosecution of Marrian together with Roy Francis Mwanthi who were caught up in a web of international drug trafficking network.
In his finding justice Kimaru has applauded the DPP for having the courage to acknowledge his mistake even after calling witnesses to give evidence.
“This court agrees with the applicant that the trial court exhibited an unusual interest in the case that clouded it from appreciating the information placed before it that the DPP no longer believed they are criminally liable,” justice Kimaru said.
The DPP, Justice Kimaru added did not act in abuse of the court process and faults the trial court for unreasonably questioning the exercise of the DPP to withdraw the charge.