Sollo Kiragu
10 September 2008
Nairobi — Thirteen people, including a minor, who were accused of committing post-election atrocities were on Wednesday released by a court.
The 13 were released on the advice of the Attorney-General.
However, their freedom was short lived as they were re-arrested when they were taken back to Kericho Prison to collect their belongings.
The lawyer for the accused, Mr Siele Sigira, had earlier in court said he did not object to the release, but pleaded with the magistrate to protect his clients from another arrest on similar charges.
The 13 had been charged with robbery with violence and malicious damage to property, that they allegedly committed in February.
Mr Sigira said his clients would like to appear before the Waki Commission, which is investigating post-election violence, to give their evidence.
Kericho senior resident magistrate Jacinta Kwena released Hassan Kipkorir Ruto, Bernard Kimutai Langat, Noah Odhiambo, Victor Kibet Limo, Dickson Kiprop Rono, Alfred Kibet Koech, Cornelius Kiprotich Tum, Patrick Kipkemoi Kosgei, Robert Chepkwony Kipkurui, Robert Kipkurui Rono, Julius Meli Rono, Bernard Kiprotich Mutai and the 17-year-old boy.
Immediately after the accused were released, their relatives broke into song and dance in the court compound, but their joy was short-lived as they were re-arrested at Kericho Prison.
Mr Sigira protested at the new development saying it was against the AG's letter.
He said: "The accused had stayed in prison remand for more than seven months, and were going with their relatives to collect their belongings when police accosted them and took them to Kericho Police Station."
The advocate said that it was against the Attorney-General's letter, which was read to the court instructing the prosecutor to release the suspects who had stayed in prison for too long,
"The move is against natural justice and against the letter from the AG; it is unconstitutional to allow the suspects freedom and later arrest them," he said.
The South Rift Law Society of Kenya Secretary, Mr Gideon Mutai, criticised the re-arrest of the suspects saying the Government had sinister motives.
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