Director of Public Prosecutions Noordin Haji has petitioned against a court ruling delivered on January 31, 2022, that cleared Kimilili Member of Parliament Didmus Barasa of charges levelled against him.

The lawmaker was accused of orchestrating violence during the Kabuchai Constituency by-election in Bungoma County early last year.

In a statement on Friday, the DPP expressed dissatisfaction with the ruling saying there was enough evidence to convict the legislator therefore the need to pursue an appeal.

The DPP now believes that the court acted outside its jurisdiction in acquitting Barasa of the charges against him and has vowed to take the case to the appellate court.

“The ODPP maintains that the trial court erred in law and in fact in acquitting the accused person,” reads the statement.

“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.”

According to the DPP, Barasa had been accused of the offence of preparation to commit a felony contrary to section 308(1) of the Penal Code, Cap 63, Laws of Kenya and therefore needed to be charged.

“On 4th March 2021 along Bungoma Chwele Road, within Bungoma County, Didmus Barasa was found armed with offensive weapons,” read a section of the statement.

The 2021 incident in Bungoma saw Nandi Senator Samson Cherargei, MPs Wilson Kogo and Nelson Koech arrested together with Barasa.

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