A Magistrate Court has acquitted a former Pangani Officer Commanding Station (OCS) Samir Yunus and his junior officer, Amos Odhiambo, of charges of helping a Somali national escape from custody.
Yunus was charged alongside his junior with charges of aiding Hussein Mumin Hassan, a convict from lawful custody at Pangani police station on April 12, 2022, contrary to Section 124 (a) of the Penal Code.
Principal Magistrate Caroline Mugo ruled that the Directorate of Public Prosecution (DPP) did not do a proper job while prosecuting the two officers, citing gaps in evidence, inconsistencies, among other issues.
In her ruling on Monday, June 30, 2025, Magistrate Mugo also stated that the prosecution failed to establish a prima facie case against the accused.
“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,” Mugo ruled.
Further, she stated that she agrees with OCS Yunus’s lawyer Kimani Wachira that the nine witnesses provided by the prosecution did not give sufficient testimonies that would warrant the two to be convicted.
The magistrate also criticised the prosecution for heavily relying on a televised exposé aired on one of the local television stations on July 24, 2022.
The magistrate found both accused persons not guilty and acquitted them.
“The court cannot safely convict with the evidence on record. I therefore find that a prima facie case has not been established and I proceed to acquit both accused persons under section 210 of C.P.C accused persons shall be set at liberty forthwith unless otherwise lawfully held,” Mugo ruled.
According to the court documents, the prosecution heavily relied on testimonies from the nine witnesses, including Police Constable Otieno William Omondi, and the cell sentry officer who were on duty that day.
In his testimony, Omondi said that on that day, while on duty, Yunus called him at 3:30 pm asking whether prisoner 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 told court in his testimony.
He added that on that same day, the second accused officer, Odhiambo, also called him, directing him to take prisoners among them Mumin to his office.
“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 Odhiambo signed in the cell register, indicating Mumin was to be repatriated to Somalia.
However, in his testimony, Police Constable (PC) Moses Mwaniki, who had previously handled repatriation cases, stated that Mumin had pleaded guilty to being in Kenya unlawfully and was ordered to pay a fine of Ksh10,000.
He said he obtained the repatriation order and handed it to his superiors.
The court also flagged inconsistencies between OB entries and the cell register, noting that while the OB entry indicated Mumin had been released without complaint, and the cell register, signed by Odhiambo, stated clearly that he was to be repatriated to Somalia.
Notably, the prosecution was unable to bring witnesses from the Somali Embassy or the Ministry of Foreign Affairs to confirm whether Mumin had been deported.
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