This archive report was first published on 13 September 2019.
Published on September 13, 2019, a magistrate at the Kilungu Law Courts made an unexpected decision in a case involving a businessman accused of trafficking in cannabis.
Senior resident magistrate E Muiru ruled that the prosecution had not provided sufficient reasons for withdrawing the case against George Otolo, the owner of a car hiring company.
The case began in July 2018 when two individuals, Nichanor Radolo and Collins Otieno, were arrested in Makueni with 413kg of bhang worth Sh2 million in a vehicle hired from Otolo's company.
Despite the prosecution's application to withdraw the case, Magistrate Muiru directed that the matter proceed until conclusion, citing that the case would continue even without a complainant.
George Otolo's lawyer, Sam Nyaberi, had argued that the investigations were poorly done to frame the trader and that no cause was established to warrant his arrest and prosecution.
The magistrate's decision left the prosecutor and the accused confused, raising questions about who would prosecute the case after the Director of Public Prosecutions indicated it would not pursue the criminal case anymore.
