By JUDY OGUTU
Two doctors who were arraigned in court for allegedly being Al-Shabaab members have been freed.
Mr Ali Omar Salim and Mr Adan Hassan Hillow were acquitted yesterday by Nairobi Principal Magistrate P M Ndwiga.
"After evaluating evidence on record, I find that the same is not in support of the offence of engaging in an organised criminal activity as charged. The evidence on record is quite flimsy and does not relate to the offence charged," he ruled.
The magistrate further ruled that the prosecution, which called only one witness to testify "miserably failed" to prove its case against the accused persons in order to make a prima facie (on the face of it) case.
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During the hearing of the case, the prosecution called Police Inspector Newton Mwiti who is the Deputy officer-in-charge at the Anti-Terrorism Police Unit as its witness.
He told the court that on October 20, last year, he was on duty at Nyayo National Stadium when he was summoned by his seniors and directed to proceed to Pumwani to arrest the two doctors.
Investigations went on but efforts to trace the intended prosecution witnesses was futile.
However, he informed the court that they intended to record adverse statements from unidentified witnesses.
The intentions did not materialise as the witnesses allegedly vanished, the court heard.
Mr Ndwiga took a swipe at the State, saying they clearly relied on suspicions with no evidential value in a criminal trial.
The magistrate said Muiti did not disclose the nature and source of investigation reports gathered.
The two doctors had denied allegations that on or before October 20, last year they were found engaging in an organised criminal activity by being members of Al-Shabaab.