Editor's Review

 DPP accused the local media house of inaccurately presenting the facts of the case.

The Office of the Director of Public Prosecutions (ODPP) has denied claims that two police officers accused of rape and robbery with violence have been acquitted after they opted to settle the case out of court.

In a statement issued on Saturday, October 30, the DPP accused the Standard Media Group of inaccurately presenting the facts of the case.

The DPP added that the officers had not been charged with any criminal offence at the time they appeared in court because the complainant had failed to attend an identification parade.

"The suspects were brought before the court through a miscellaneous application. No criminal charges were preferred against them at that stage," the statement read.

The public prosecutor explained that without the complainant positively identifying the suspects in the parade, it was difficult to proceed to charge the officers.

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File image of DPP Renson Ingonga.

"It was a critical aspect of the investigation. Further, the evidence forwarded to the Office for consideration did not meet the evidentiary threshold required to make a Decision to Charge," the statement continued.

Nonetheless, the Office of the DPP reiterated its commitment to ensure that prosecution decisions are guided by the evidence available, the law and the constitutional mandate.

It added that decisions to prosecute or not are made independently and based on the evidence and applicable law, in accordance with Article 157 of the Constitution

Earlier, activist Boniface Mwangi dreaded the acquittal of the officers. He claimed that the officers should not be allowed to return to public service until the matter is concluded.

The two police constables, alongside two other suspects, are accused of staging arrests, extorting money and robbing members of the public, including motorists plying the Thika Superhighway.

The crew is accused of other incidents involving robbery with violence and rape in Mwihoko, Thika West, Githurai and Mwiki.

The prosecution's case weakened after the complainant, Mwangi Wahongo, failed to attend an identification parade at Kasarani Police Station. Sgt Waigua had summoned him to participate in the exercise, but the complainant told investigators that he had already been compensated and would not proceed with the case.