Kimilili MP Didmus Barasa is not yet off the hook in a case where he is accused of causing violence during the Kabuchai Constituency by-election in March 2021.
The MP was on January 31, acquitted under section 215 of the Criminal Procedure Code.
But the Office Director of Public Prosecutions led by Noordin Haji now says the court erred in Law by setting the MP free saying they will be appealing at the higher court.
Haji says they submitted sufficient evidence in court that was enough to have the accused person found guilty.
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"The ODPP maintains that the trial court erred in law and in fact in acquitting the accused person.
"The office of the Director of Public Prosecutions being dissatisfied with the decision of the trial court has appealed against the whole of the said decision on the basis that there was sufficient evidence adduced in court to convict the accused person," DPP Haji said in a letter by Victor Mule.
MP Barasa is accused that on March 4, 2021, along Bungoma-Chwele Road, within Bungoma County, he was found armed with offensive weapons in circumstances that indicated that he was so armed with an intent to commit a felony.
The DPP believes that the MP wanted to cause a breach of peace by causing election violence during the Kabuchai constituency by-election which was scheduled to be held on the same day he was found armed.
