British aristocrat Jack Marrian acquitted in Ksh.598M drug trafficking case
- Justice Kimaru then ordered that the drugs seized by police during his arrest be destroyed within 14 days under the supervision of a Nairobi magistrate court.
- While acquitting Mr. Marrian, the High Court faulted the Magistrate's Court for not allowing an application by DPP to have charges against Marrian and another withdrawn.
Jack Marrian, a British aristocrat, is a free man after the court acquitted him of drug trafficking charges. This is after the high court set aside magitarte decision that declined to have the case withdrawn.
“This court will invoke its jurisdiction and will call the trail court made on January 31, 2019 for the purposes of revising the same. That decision is accordingly set aside and substituted by a decision of this court allowing the DPP to discontinue the criminal proceedings against the respondents,” said justice Luka Kimaru.
Justice Kimaru then ordered that the drugs seized by police during his arrest be destroyed within 14 days under the supervision of a Nairobi magistrate court.
While acquitting Mr. Marrian, the High Court faulted the Magistrate’s Court for not allowing an application by DPP to have charges against Marrian and another withdrawn.
“In the considered view if this court, the trial court erred when it unreasonably questioned the exercise by the DPP of its powers to withdraw the charges,” said Kimaru.
The court applauded the DPP for having the courage to acknowledge his mistake even after it had called all his witnesses.
The court noted that that the trial court erred when it failed to consider the merits of the applicants application adding that Under article 157 (6) (C) of the constitution grants the DPP power to discontinue any criminal proceedings at any stage before judgment is delivered.
Judge Kimaru noted that the trial court in Kibera exhibited an unusual interest in the case that clouded it from appreciating the information placed before it by the DPP which was to the effect that the DPP no longer believed the respondents were criminally liable for the charges that were brought against them.
Kimaru’s ruling follows an appeal by DPP against the decision by a Kibera court questioning his powers to withdraw the charges and refused to free the two.
According to the DPP, the two were victims of circumstances and therefore formed the opinion that it would not be in the public interest to continue with the prosecution.
“The respondents were caught up in a web of international drug trafficking network,” the Prosecution submitted.
His co-accused person Roy Francis Mwanthi was also acquitted.
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