The Director of Public Prosecution has appealed the decision by anti-corruption Chief Magistrate Douglas Ogoti to acquit Nakuru town West MP Samuel Arama.
According to the DPP, the magistrate erred in law and in facts by failing to properly to consider the weight of the charges as against the evidence adduced.
He added that the trial magistrate erred in law by not considering the overwhelming evidence on record and acquitted the lawmaker under section 210 under the criminal procedure act Criminal Procedure Code.
Arama who was charged alongside four others with several counts of offences among them abuse of office, conspiracy to defraud, making a document without authority among others on 22nd November acquitted alongside land registrar Employee Charles Birundu and a lawyer.
The prosecution argues that the magistrate erred by finding the the evidence adduced by prosecution was insufficient to establish primafacie case against the MP and also erred in finding there is no way the MP would have made the sell agreement without “authority”.
“The magistrate erred in facts and law by ignoring the primary evidence of PW6 who testified that he never owned land in Nakuru and also disowned the purported sell agreements presented by Samuel Arama who claimed to have purchased the land PW6” the DPP argues.
He accused the magistrate of disregarding the evidence of the document examiner and that there was no false pretence demonstrated in the evidence against the MP.
“The magistrate of erred by failing to consider that the prosecution had charged it’s burden of proof by establishing it’s case beyond reasonable doubt,” says the DPP.
