Lamu Governor Issa Timamy on Friday asked the Mombasa High Court to terminate a case against him since there was no evidence linking him to the deadly Lamu attacks in June and July this year.
Timammy was arrested and held for four days by the national government which alleged that he was responsible for the violence.Charges brought against him mirrored those facing President Uhuru and his Deputy, William Ruto at the International Criminal Court.
Through his lawyers led by renowned Ahmednassir Abdullahi, Timammy said the Director of Public Prosecutions, Keriako Tobiko had failed to provide evidence linking him to the attacks. The governor highlighted that it was four months since he was arrested yet the prosecution had not found any reason to charge him.
“I would like this court to acquit my client since there is no evidence to link him with the killings that happened in Lamu on the month of June,” Abdullahi said.
Abdullahi informed the court that the State is interfering with Timamy's execution of duties as the governor of Lamu and urged the prosecution not to be afraid of declaring that they have no charges against him.
He also informed the court that Timamy's case was merely being used as a political tool by the State which hopes it can destroy the governor.
Meanwhile, the Director of Public Prosecutions office through its lawyer, Alex Muteti said they needed more time to investigate Timamy over the killings alleging that investigations were wide and complex. The time extension was granted by the court. He informed the court that the prosecution had interviewed 145 witnesses from different parts of the country and that officers were still investigating. He however confirmed that at the moment they do not have enough evidence against the Governor.
On July 17, the State was granted one month to complete their probe against Timamy who was being investigated in connection with forcible transfer of population, murder and other terror related crimes in his county said to have been committed between June 15 and 17.
Tobiko had requested the court to allow them 60 more days to investigate Timamy. Judge Martin Muya said he will deliver his ruling on September 10.
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