Suspected MRC members released due to lack of evidence
29 November 2013, 18:18
Mombasa - Thirteen people who were arrested on suspicion of being members of the illegal Mombasa Republican Council, MRC were yesterday released by a Mombasa court after prosecution applied for the charges pressed against them to be lifted.
The prosecution wrote to the office of the Director of Public Prosecutions, DPP for direction over the case and received feedback asking for the release of the accused persons.
Speaking in court yesterday, police prosecutor John Gacheru said that the prosecution sought advice from the DPP after it failed to identify clear grounds on which the accused were arrested.
The presiding officer, Resident Magistrate Yator Viola said that the reasons for the release of the accused persons was the lack of clear grounds as to why they were arrested.
The accused were arrested May 12, 2013 in Miritini in Mombasa, where they were accused for participating in illegal oath taking activity contrary to the Organized Crime Act of 2010.
Prosecution had earlier stated that the accused were caught taking oaths from a traditional spiritual doctor, claims that were harshly refuted by the defense team lead by Lawyer Jared Magolo who said that the accused had gone to seek medical attention from a local herbalist after they failed to attain the same in governmental health institutions.
The accused including Messrs Ali Hamis Mwakijake alias Dr Alfa, Ibrahim Mwinyi, Hassan Bakari Rob, Juma Ndegwa, Joshua Musembi, Charo Tsibezi Kulola, Nelly Nyamvula Mwatela, Mariam Mohamed Sali, Fatuma Rama Mukindia, Ann Wanjiku Mugo, Florence Serah Joshua and Harriet Sanja Hongo had been released on a bond of KES 50,000 with a surety of the same amount or a cash bail of KES 20,000.
The accused might however be re- arrested if the court deems added evidence has been found according to the section of the constitution they were released on.
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