Court acquits former Pangani OCS Samir Yunus of aiding suspect's escape

A Nairobi court has acquitted former Pangani Police Station OCS Samir Yunus and his junior officer, Amos Odhiambo, of aiding the escape of a convicted prisoner, Hussein Mumin Hassan, a Somali national, from lawful custody.

In her judgment, Magistrate Caroline Mugo freed the two officers after ruling that their prosecution was “fatally flawed,” marred by inconsistencies, gaps in evidence, and lack of verification.

Mugo stated that the prosecution had failed to establish a prima facie case against the accused, who had been charged with aiding Mumin’s escape on April 12, 2022, during the COVID-19 pandemic. 

“I therefore find that a prima facie case has not been established and I proceed to acquit both accused persons under Section 210 of the Criminal Procedure Code. Accused persons shall be set at liberty forthwith unless otherwise lawfully held,” ruled Magistrate Mugo.

The magistrate concurred with OCS Yunus’s lawyer, Kimani Wachira, that the testimony provided by the prosecution’s nine witnesses was inconsistent and insufficient to support a conviction.

The prosecution had relied on testimonies from at least nine witnesses, including Police Constable Otieno William Omondi, the cell sentry officer at Pangani Police Station on the day of the alleged escape.

Officer Omondi testified that on April 2, 2022, while on duty, he received a phone call at 3:30 p.m. from OCS Yunus, who asked whether prisoner Hussein Mumin was in the cells.

"The OCS called to ask me whether a prisoner, Hussein Mumin, was in the cells. When I confirmed, he directed me to remove him from the cells and await further instructions," Omondi testified.

He further stated that later that same day, the second accused officer, Odhiambo, contacted him with a new directive.

"The second accused called to ask me to take three prisoners to his office, Hussein Mumin among them, and I signed in the OB that the three prisoners had been released under instructions of the OCS with no complaint," Omondi told the court.

He also testified that Officer Odhiambo signed in the cell register indicating Mumin was to be repatriated to Somalia.

Magistrate Mugo criticized the prosecution’s heavy reliance on a televised exposé aired by NTV on July 24, 2022. 

The report claimed to show a convicted foreign national, identified as Hussein Mumin, being unlawfully released from Pangani Police Station, allegedly with the officers’ knowledge.

Following the exposé, the Independent Policing Oversight Authority (IPOA) initiated charges against Yunus and Odhiambo.

However, in her ruling, Magistrate Mugo dismantled the prosecution's case, noting the absence of critical evidence such as proper identification of the alleged escapee and authentication of the video footage.

The Magistrate Mugo emphasized that the burden of proof lies with the prosecution and that the case had too many unresolved issues to support a conviction.

“In this case, the prosecution evidence was full of loopholes which unfortunately were not sealed by the investigating officer,” she said.

Consequently, she found both accused persons not guilty and ordered their immediate release.