In Summary:
- City lawyer Kimani Wachira secures a major legal win after a Nairobi court acquitted former Pangani OCS Samir Yunus.
- The court dismissed the prosecution’s case, noting it was riddled with inconsistencies.
City lawyer Kimani Wachira has secured a major legal win after a Nairobi court acquitted former Pangani OCS Samir Yunus, who had been charged with aiding a suspect to escape from lawful custody.
Yunus and his co-accused, Amos Odhiambo, were accused of helping Hussein Mumin Hassan escape detention on April 12, 2022, at Pangani Police Station—an offence under Section 124 of the Penal Code.
The two denied the charges when they first appeared in court.
Delivering his judgment, Senior Principal Magistrate C.N. Mugo dismissed the prosecution’s case, noting it was riddled with inconsistencies.
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The magistrate credited lawyer Kimani Wachira’s cross-examination for exposing key gaps in the prosecution’s evidence.
“The prosecution’s case was full of loopholes and the investigating officer failed to address them,” said the magistrate. “I find that a prima facie case has not been established and I hereby acquit both accused persons under Section 210 of the Criminal Procedure Code.”
The prosecution had relied partly on an investigative TV exposé aired by NTV, which allegedly showed the accused aiding the suspect’s escape. However, the court agreed with the defence that the footage failed to clearly identify the accused.
Yunus maintained his innocence throughout the trial, arguing that any instructions to release the suspect were procedural and not unlawful.
