• May 27, 2024
  • Last Update May 27, 2024 12:55 PM
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Gun suspect acquitted, lack of evidence

Gun suspect acquitted, lack of evidence


Wednesday, May 15, 2024

KNA by Jacinta Kipruto/Joshua Kibet

A Kabarnet court has acquitted a businessman accused of possessing an AK47 assault firearm without a license, for lack of evidence.

James Kipkobus told the Court that on 8th May last year, he went to Kalabata village in Tangulbei, Tiaty East Sub-county, from his home in Mowanik Location of Laikipia North Constituency, to demand his money from a friend, but an argument ensued leading to a fist fight.

He added that after the quarrel, he went to a local hotel where he was arrested and taken to Tangulbei Police Station, where he was allegedly accused of possessing an AK 47 rifle without a license.

“Your honour, I was surprised to find out that the charge I was arrested for, was not about the fight with my friend identified as Mr Katirai, but on possession of a firearm without a license. I even don’t know anything about the said gun,” complained Kipkobus.

He told Senior Resident Magistrate, Purity Koskey, that he was shocked and heartbroken to be booked for being allegedly in possession of the said gun on arrival at the Station.

When the Charge was read to Kipkobus, he pleaded not guilty, claiming the accusation was framed-up.

Four witnesses who testified against the accused, dealt a major blow to the case, stating that they did not see the complainant with the said firearm, despite the prosecution insisting that indeed the accused possessed it.

In her ruling, the Magistrate stated that in view of the evidence adduced by the four witnesses, she has established that the prosecution has failed to prove beyond any reasonable doubt, that the accused was found in possession of a gun.

“I do find that the prosecution has failed to prove the guiltiness of the accused person beyond reasonable doubt. He is hereby found not guilty for being in possession of the specified firearm without a license and he is acquitted according to the Criminal Procedure Code,” said Ms. Koskey.

In his final submission to the court before the magistrate set him free, Kipkobus argued that he was unfairly arrested and demanded to be compensated.

Courtesy; KNA

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