DPP Haji explains why Governor Obado was not charged for conspiracy to commit murder

Date:

REPUBLIC VS ZACHARIA OKOTH OBADO AND 2 OTHERS (CRIMINAL CASE NO. 46 OF 2018)

NO CHARGES HAVE BEEN WITHDRAWN. IGNORE THE MEDIA FALSEHOODS.

1. Each of the 3 accused persons – Zacharia Okoth Obado, Michael Juma Oyamo and Caspal Ojwang’ – was charged with murder.

2. None of the accused persons was charged with conspiracy to murder. Each of the three accused persons was charged as a principal offender.

3. There has been an attempt by the counsel for the victims to bring additional charges of conspiracy to murder which was rejected by the DPP.

4. There cannot be a conspiracy charge where the offence is complete. You cannot be charged for conspiracy and the complete offence at the same time. Murder attracts a maximum of upto death sentence, conspiracy would attract upto 14 years only.

5. You cannot withdraw a charge that does not exist. There having been no conspiracy Charges, there cannot be a withdrawal.

6. The murder charges against each of the accused persons stand and await trial.

7. This is another case of misreporting. The above facts can be cross-checked in the court’s file (whose number I have availed above).

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