The High Court in Busia released three police officers and a civilian at the centre of stealing Sh 2.6 million from a German Couple.
Preliminary investigations in the case show that the money was stolen from the German couple, Deutsch Mohringen and Deutsch Tuttigen.
Justice William Musyoka of Busia said the argument by lawyers Peter Samba and Charles Matete raised strong concern that the prosecution lacked grounds to level charges on the four who had spent 14 days in Kakamega Central Police Station cells as the investigation into the matter continued.
“The applicants (police and civilian) shall forthwith be released from custody pending the investigations. The case will be mentioned on April 6 to check on the development from the prosecution side,” he said.
The prosecution had again requested the court to add them additional time to wind up the investigations which they said were complex and involved different government agencies, a partner that was frowned upon by the two lawyers.
They argued that the officers were public officials whose continued stay in detention was hampering their service delivery and should be freed to get back to work.
“If indeed there was a crime they committed, we should be having a charge sheet before the court stating it and the particulars. We don’t have one even after they have spent time in the cells instead the prosecution is asking for more time to investigate,” said Samba.
“What will they (prosecution) investigate that has not been investigated in the said 14 days? We believe the prosecution has no case against our clients and should stop using the courts as a fishing ground for evidence.”
The three officers, Busia Officer Commanding Station (OCS) James Wairia, his assistant Willy Kibelio and Douglas Rono (a corporal) and businessman Paul Wanjala Ogongo were arraigned before the Busia court a fortnight ago where the prosecution successfully applied to detain them outside Busia (In Kakamega) for 14 days pending investigations into the theft.
State lawyer, Shally Chepkonga said the State would be more comfortable to have the case heard in a different court far from Busia where the safety of the couple and that of the officers would be guaranteed.
“I am making this application due to the sensitivity of the matter and for the safety of the officers and the couple. I propose that the case be heard either in Kakamega or Kisumu law courts,” she said.
Then the lawyers of the police officers unsuccessfully opposed the application saying their clients had the right to be heard anywhere including Busia.
Police details show that they arrested their colleagues in connection with the alleged theft on February 25, 2024 at Rasto Park Hotel parking lot in the heart of Busia Town.
The money allegedly belonged to the Women for Women Community Based Organization.
