Just a day after High Court Judge Yasin Nyanzi declined to release on bail murder suspect Mathew Kanyamunyu, malady http://deltadiner.com/wp-content/plugins/the-events-calendar/src/deprecated/tribeeventsbar.php and released two of his co – accused Cynthia Munwangari and Joseph Kanyamunyu, the judge has today put out an explanation.
Justice Nyanzi revealed today that he based his decision on the affidavits sworn by the Investigating Officer of the case, SSP Johnson Olara, and that of Senior State Attorney from the office of the DPP Barbra Masinde.
In the affidavit, Masinde warned that although investigations were complete, there was no guarantee that Kanyamunyu would not interfere with the pursuit of the case if released.
He pointed out that the committal papers served to Kanyamunyu contained all evidence and witnesses to be used against him, and thus he knew almost everything.
The affidavits further state that its court’s duty to protect the society from lawlessness which the judge said he agreed with.
“Although a number of factors such as bail constitutionality, and the fact that it cannot be denied as punishment, court considered the fact that the prosecution, which has a right to prove a case is the one worried on
interference with the witnesses and evidence,” said Judge Nyanzi.
“Even if the accused keeps quiet from the time of arrest to the time of judgment court can’t convict him for that since the burden to prove the case lies on the DPP.”