This archive report was first published on 20 December 2019.
On December 20, 2019, Justice Hedwig Ong'udi of the High Court made a landmark ruling in the case of George Otolo, a businessman who had been mistakenly charged with trafficking narcotics.
According to the court records, Otolo was charged after one of his cars was found transporting bhang in July 2018. The vehicle was registered in his name, and he was arrested and charged despite explaining that he had hired out the car without knowing the intention of the two men who were arrested with the cannabis.
However, in August 2019, State prosecutor Mark Wangia informed the court that they had realised that Otolo was an innocent victim. The prosecutor presented evidence, including a car hire agreement and Mpesa statements and receipts, to confirm that Otolo had hired out the car.
Despite this, the magistrate, E Muiru, declined to set Otolo free, ruling that the prosecution had not convinced the court why it was withdrawing the case. Otolo then challenged the magistrate's decision, and Justice Ong'udi agreed that it would be illogical for the case to proceed when the prosecutor was honest in its analysis.
Justice Ong'udi also ruled that there is no time limit as to when or at what stage the Director of Public Prosecutions may discontinue a case as long as new evidence points to a mistrial.
