The Law society of Kenya has criticized failure by the office of director of public prosecution to prefer murder charges against 10 gold mine blast suspects.
LSK president Eric Theuri said the decision of not to prefer any charges against the suspects by DPP had forestalled acts of impunity in the country.
He spoke at the Kapsabet law courts when a court discharged the suspects implicated in the detonation of dynamites in Karebe Gold mines tunnel that killed 3 and injuring 6 miners in January 23rd 2023.
The suspects are; Alfred Magut, Simon Cheruiyot, Henry Ruto, Wilson Tigoi, Philemon Too, Shadrack Melilei, Daniel Kiplagat, Kenedy Kurgat, Zackayo Korir and Hillay Kipchirchir.
Theuri was leading a high powered team of 5 lawyers representing families of the victims of the blast; said public confidence in the ODPP was in jeopardy.
“We are moving to the high court to file private prosecutions against the suspects because DPP was no longer interested with serving justice for the poor victims,” LSK president added.
The LSK president spoke moments after Kapsabet chief magistrate Samuel Mokua discharged 10 suspects after DPP Noordin Haji through state counsel Brenda Oduor said they wished not to prefer charges against the suspects.
The chief magistrate said in his ruling that he had no constitutional powers over the decision not to prefer any charges against the suspects as such were the preserve of the state through ODPP.
Those who died in the underground tunnel included; Geoffrey Onyango, Julius Agui and Geoffrey Rotich.
Six other miners suffered serious injuries and some are still admitted in hospital following the massive blast exploded by illegal miners within the Karebe mining company licensed area.
The suspects were rounded up by DCI after they were positively identified as being behind the blasts said to have targeted the British owned firm employees by illegal miners.
Other lawyers present included Briam Olang, Urbner Mango from Kenya Human Rights commission, Festus Mbati and Jacob Ngwele representing Karebe mining company.
Mango announced that Amnesty International together with its legal team would move in and would be enjoined in the case until justice was served fairly to all.
There was drama outside the court as suspects broke into dance as soon they were discharged and ordered to collect their ksh. 200,000 cash bail while on the other side three widows accompanied by parents of the deceased persons shade tears.
“As you can see, there are two different walls here, one celebrating for having murdered innocent workers and discharged and the other crying for having buried their loved ones and suspects go free,”
Theuri added,”Which Kenya are we, DCI did their thorough work and presented their bundle to DPP to proceed and charge and instead, he has declined.”.
Olang, Mango and Mbati, all expressed disgust and outrage over DPP actions saying he failed to give a written submission to the court as requested for discharging them.
“A clear demonstration of a powerful force behind the miscourage of justice,” Olang said.