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Nakuru Deputy Speaker Samuel Tonui, who had been charged over the deadly clashes in the Eastern Mau, was set free on Friday as the director of public prosecutions withdrew the case.
Resident magistrate Yvone Khatambi allowed the DPP’s application to drop the matter due to lack of sufficient evidence.
The request was supported by an affidavit sworn by investigating officer Joseph Njogu, who said witnesses refused to testify.
In the affidavit dated January 4, the officer said those who accused Mr Tonui of inciting residents against leaving the forest refused to record statements with police.
“None of the witnesses who made the claims is willing to record a statement. The claims formed the basis of the institution of the case against Mr Tonui. In the premise, do withdraw the charge against him under section 81 (a),” read part of the letter.
Mr Tonui was charged in September 2018 over violence that rocked Nessuit and Mauche.
He and four others were charged with promoting violent strife between the Kipsigis and Ogiek communities in Njoro, where at least six people were killed and dozens injured.
The accused include Njoro Constituency Development Fund chairman William Kipkemboi Langat andNessuit assistant chief Joseph Ruto Lesingo.
Appearing before Resident Magistrate Yvone Khatambi on December 19, 2018, Mr Tunoi’s lawyer Kipkoech Ng’etich urged the court to acquit him, claiming the case was politically motivated.
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