DPP terminates case against bus crew charged over Thika Rd blasts
09 May 2014, 15:33
Nairobi - The Director of Public Prosecution (DPP), Keriako Tobiko has terminated a criminal case facing five crew members who were charged with failure to prevent murder in Thika Road bus explosions.
Robert Gakuru, Geoffrey Mwangi, Joshua Wambugu, James Miring’u Munene and Anthony Mutua Masila allegedly failed to prevent the murder by failing to screen the passengers while boarding the matatus.
The said buses were blown off by unknown passengers who had improvised explosive devices.
However, citing Section 392 of the Penal Code, Tobiko said, “Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof is guilty of a misdemeanor.”
In a statement released to media houses, Tobiko said for a charge under that Section to be sustained it has to be proved to the requisite standard in criminal cases.
He noted that after perusing the files, the prosecution found no evidence to show that the accused persons knew that there was a design by any of the passengers to blow up the buses.
“Neither is it clear from the evidence that the accused persons could have used any reasonable means to prevent the commission or completion of the crime,” he stated.
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