A Nairobi court on Tuesday, August 24 acquitted Nairobi County Assembly Minority Whip, Peter Imwatok of four charges relating to illegally possession of a firearm.
In her judgment Milimani Senior Resident Magistrate, Carolyne Njagi set free Imwatok after the prosecution failed to provide sufficient evidence.
Njagi ruled that the prosecution totally failed to prove that Imwatok who is also Makongeni Ward MCA committed the offense leveled against him by the state.
“After evaluation of evidence on record I find that the prosecution has failed to establish a prima facie case against the accused person in all four counts.I therefore acquit the accused from the same,” she ruled.
The magistrate noted that the prosecution witnesses who testified in the case did not link the vocal MCA with the offense facing him.
The MCA had been charged with four counts of being in possession of a firearm namely a pistol ceska without firearm certificate, being in possession of ammunition without firearms certificate, making a false document namely firearm certificate purporting to be genuine and uttering a document with intent to deceive.
Imwatok was acquitted of all the four counts which the magistrate said that the prosecution failed to prove the case beyond reasonable doubt.
The magistrate said that Section 2(a) of the Firearms Act, 2012 states: “If any person purchases, acquires or has in his possession any firearm or ammunition without holding a firearm certificate in force at the time, or otherwise than as authorised by a certificate, they commit an offence liable to imprisonment for a term of not less than five, but not exceeding ten years,” the presiding Magistrate stated.
In June 2020, Imwatok was also acquitted in another case of obtaining money by false pretense for lack of evidence.
Imwatok had been accused of obtaining approximately Ksh2.19 million from Fresky Bett in 2017 between February 1 and October 31.
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