The Office of the Director of Public Prosecutions (ODPP) has moved to court to contest the acquittal of Joshua Waiganjo.
Waiganjo, who was accused of impersonating a senior police officer, was acquitted of all charges by a Nakuru court in May 8, 2020.
Waiganjo and his co-accused, former Rift Valley police boss John M’mbijiwe and former Anti-Stock Theft Unit Commander Remi Ngugi (who died), were exonerated for lack of sufficient evidence to establish a prima facie case against them.
With the DPP filing an appeal in the Nakuru High Court, pending hearing.
“The @ODPP_KE has filed an appeal in the High Court in Nakuru against the acquittal of Joshua Waiganjo, accused of impersonating as a police officer and 2 police officers who abated the crime. The Appeal is pending hearing,” said DPP’s office.
Why Waiganjo and co-accused were acquitted
In a ruling delivered through video-conferencing by Principal Magistrate Joe Omido, the court ruled that the prosecution side did not bring sufficient evidence to establish a prima facie case against the three.
“If the accused persons were to be placed on their defence on any of the charges that they are faced with, there would be no basis upon which any of them can be convicted on any of the charges if they were to offer nothing in defence,” said magistrate Omido.
Waiganjo was arrested in 2012 for allegedly impersonating an assistant commissioner of police, when he accompanied a team of senior police officers to Baragoi, Samburu County where bandits had killed more than 40 police officers and police reservists.
M’mbijiwe and Ngugi were also accused of aiding Waiganjo’s fake operations as a police officer.