The Office of the Directorate of Public Prosecutions (DPP) has moved to appeal the acquittal of Joshua Karianjahi Waiganjo who was cleared of charges of impersonating a senior police officer.
The DPP’s office, through its official twitter handle, announced the decision Sunday.
A Nakuru court acquitted Mr Waignjo and his co-accused, namely former Rift Valley Police officer John M’mbijiwe and former Anti-Stock Theft Police Unit Commander Remi Ngugi (deceased).
The appeal, which is pending before the High Court in Nakuru, is awaiting hearing.
“The @ODPP_KE has filed an appeal at the High Court against the acquittal of Joshua Waiganjo, accused of impersonating a police officer and two police officers who abated the crime,” the DPP’s office said.
NO EVIDENCE
The three were acquitted on May 8 by Resident Magistrate Joe Omido who ruled that the prosecution failed to provide sufficient evidence to establish a prima facie case against the the three suspects.
Mr Omido noted that the court could not establish whether or not Mr Waiganjo was a police officer based on the evidence presented in court.
“If the accused persons were to be placed on their defence on any of the charges that they are faced with, there will be no basis upon which any of them can be convicted on any of these charges if they were to offer nothing in defence,” he ruled.
The suspects who were jointly charged before court in 2013 had denied seven charges including abuse of office and impersonation.
Mr Waiganjo was charged with impersonation whereby he was alleged to have masqueraded as an assistant police officer on diverse dates between June and December 2012.
Mr Waiganjo is said to have on December 9 the same year presented himself as a police officer and arrested people from two hotels in Njoro Sub-County.
He was accused of presiding over a Kenya Police reservist graduation ceremony by inspecting a guard of honour at Londiani on September 14, 2012.
UNLIMITED ACCESS
Mr M’mbijiwe and Mr Ngugi (deceased) were charged with abuse of office where they were accused of allowing Mr Wanganjo unlimited access to police resources including motor vehicles and police choppers.
Mr M’mbijiwe has since been reinstated to his position.
The National Police Service Commission via a letter dated June 17 approved the lifting of Mr M’mbijiwe’s interdiction which was imposed in 2013 following his arrest and arraignment for protecting Mr Waiganjo as he masqueraded as a police officer.
He was re-designated from his earlier position of the deputy Commissioner of police to the Assistant Inspector General of Police.
Mr Waiganjo has however denied being served with the appeal.